Legal Opinion

United States v. Resendiz-Ponce

Supreme Court of the United States

Decided January 9, 2007No. 05-998PublishedCited by 262 opinions

1Opinion of the CourtJustice Stevens

A jury convicted respondent Juan Resendiz-Ponce, a Mexican citizen, of illegally attempting to reenter the United States. Because the indictment failed to allege a specific overt act that he committed in seeking reentry, the Court of Appeals set aside his conviction and remanded for dismissal of the indictment. We granted the Government’s petition for certiorari to answer the question whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error. 547 U. S. 1069 (2006).

Although the Government expressly declined to “seek review of the court of…

2Cases cited12 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Russell v. United StatesSupreme Court of the United States · 1962
  5. Swift & Co. v. United StatesSupreme Court of the United States · 1905

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3Cited by262 opinions

  1. United States v. TaylorSupreme Court of the United States · 2022
  2. United States v. FoslerCourt of Appeals for the Armed Forces · 2011
  3. United States v. RigasCourt of Appeals for the Second Circuit · 2007
  4. United States v. HansenSupreme Court of the United States · 2023
  5. United States v. VilarCourt of Appeals for the Second Circuit · 2013

257 more not listed; retrieve them via the Exa API.

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