United States v. Montague

Opinion on Intent

HUGHES, District Judge.

1. Introduction.

The government charged Ainsley Montague with re-entering the United States illegally after having been deported. See 8 U.S.C. § 1326. Montague moved to dismiss, arguing that the government has not pleaded that he had a specific criminal intent. A person’s physical presence in this country without permission allows the inference of an intentional entry.

2. Background.

Montague had been deported from the United States to Jamaica in 1988 and in 1991. In the summer of 1999, federal agents stopped him in Houston for questioning. Initially…