United States v. Mahmoud Mansour Hussein (81-1085), Esteban Aguirre-Flores (81-1220)

In each of these appeals, the defendant was convicted following a jury trial of entry into the United States after deportation without permission from the Attorney General, an offense under 8 U.S.C. § 1326 carrying a maximum penalty of two years in prison. The appeals raise the single question whether the trial judge erred in instructing the jury on the elements of the offense charged without including therein a request to charge that the defendant, to be convicted, must be found to have entered the United States with the specific intent not only of entering the United States, but also of…