United States v. Antonio Rivera-Relle

ORDER AND AMENDED OPINION

ORDER

The opinion filed March 6, 2003 (322 F.3d 670), is hereby amended as follows:

Footnote 9, insert the following two new paragraphs after the first paragraph:

To support its proposition that an attempt conviction can derive from a completed crime, Lightfoot cited a plethora of cases from different jurisdictions, including nine that preceded the enactment of section 1326 in 1952. Lightfoot, 360 A.2d at 428 & n. 3. Rivera argues that the common law of attempt in 1952 required a failure to complete the underlying crime and that our decision in Gracidas-Ulibarry, 231…