Legal Opinion

United States v. Jesus Castillo-Mendez

Court of Appeals for the Ninth Circuit

Decided August 21, 2017No. 15-50273PublishedCited by 6 opinions

1Opinion of the Court

OPINION

PAEZ, Circuit Judge:

Jesus Castillo-Mendez appeals his conviction for attempted illegal reentry, a violation of 8 U.S.C. § 1326(a), (b). One of the elements of attempted illegal reentry is that the defendant specifically intend to reenter the United States free from official restraint. At trial, Castillo-Mendez argued that the government failed to prove that he attempted to enter the country with the requisite intent. To the contrary, he argued that when he crossed over the border he did so with the intent to escape smugglers he believed would harm him. During deliberation, the jury,…

2Cases cited16 opinions

  1. Bollenbach v. United StatesSupreme Court of the United States · 1946
  2. United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
  3. Francisco Pena-Cabanillas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. United States of America,plaintiff-Appellee v. Alejandro Pacheco-MedinaCourt of Appeals for the Ninth Circuit · 2000
  5. PIERREBoard of Immigration Appeals · 1973

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3Cited by6 opinions

  1. United States v. Lidia RodriguezCourt of Appeals for the Ninth Circuit · 2018
  2. United States v. Gilberto Ayun-FloresCourt of Appeals for the Ninth Circuit · 2020
  3. United States v. Jesus Rodriguez-PenuelasCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. Juan CabreraCourt of Appeals for the Ninth Circuit · 2023
  5. United States v. Miguel Ramirez GonzalezCourt of Appeals for the Ninth Circuit · 2019

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