Legal Opinion
United States v. Miguel Lombera-Valdovinos
Court of Appeals for the Ninth Circuit
Decided November 30, 2005No. 04-50390PublishedCited by 24 opinions
1Opinion of the Court
FISHER, Circuit Judge:
Defendant-appellant Miguel Lombera-Valdovinos (“defendant”) principally appeals the district court’s denial of his mo*928tion for acquittal after a jury returned a guilty verdict for attempted illegal reentry.1 We have jurisdiction under 28 U.S.C. § 1291.
We consider the question of whether it is possible to convict a previously deported alien for attempted illegal reentry into the United States under 8 U.S.C. § 1326 when he crosses the border with the intent only to be imprisoned. We conclude that it is not, because attempted illegal reentry is a specific intent crime that…
2Cases cited11 opinions
- Kaplan v. TodSupreme Court of the United States · 1925
- United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
- United States v. SarkisianCourt of Appeals for the Ninth Circuit · 1999
- United States of America,plaintiff-Appellee v. Alejandro Pacheco-MedinaCourt of Appeals for the Ninth Circuit · 2000
- United States v. Anthony Hernandez-HerreraCourt of Appeals for the Ninth Circuit · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. NguyenCourt of Appeals for the Ninth Circuit · 2006
- United States v. Antonio Lopez-PereraCourt of Appeals for the Ninth Circuit · 2006
- United States v. Oracio Corrales-VazquezCourt of Appeals for the Ninth Circuit · 2019
- United States v. Ramiro Plascencia-OrozcoCourt of Appeals for the Ninth Circuit · 2017
- United States v. Rosario Vazquez-HernandezCourt of Appeals for the Ninth Circuit · 2017
19 more not listed; retrieve them via the Exa API.