United States v. Morales-Palacios

CARL E. STEWART, Circuit Judge:

Cipriano Morales-Palacios (“Morales”) appeals his conviction of attempted illegal reentry into the United States following deportation in violation of 8 U.S.C. § 1326. Previously, in United States v. Trevino-Martinez, we held that section 1326 does not require the government to prove specific intent in the context of a completed reentry. 86 F.3d 65, 68-69 (5th Cir.1996). In the current action, Morales asserts that under section 1326 the offense of attempted illegal reentry — unlike completed reentry — is a specific intent crime because it embodies the common law…