United States v. Regino Morales-Rosales

E. GRADY JOLLY, Circuit Judge:

Criminal defendant Regino Morales-Rosales challenges the sufficiency of the two-count criminal information under which he pled guilty to transporting an illegal alien in violation of 8 U.S.C. § 1324(a)(1)(B). Specifically, Morales alleges that the criminal information fails to charge willful transportation in furtherance of the alien’s unlawful activity. Because this is an essential element of the offense, we vacate Morales' conviction and remand with instructions to dismiss the information.

I

In April 1987, the Immigration and Naturalization Service filed a…