United States v. Omar Argueta-Rosales

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

FISHER, Circuit Judge:

At trial on the charge of attempted illegal reentry into the United States, Omar Argueta-Rosales presented evidence that he crossed into the United States in a delusional state, believing he was being chased by Mexican gangs, and with the specific intent solely to place .himself into the protective custody of United States officials. The district court found this evidence plausible, but nonetheless found Ar-gueta guilty of the charged offense, ruling the mens rea element of attempted…