United States v. Alfredo Gracidas-Ulibarry

Opinion by Judge FISHER; Concurrence by Judge FERNANDEZ.

FISHER, Circuit Judge:

Under 8 U.S.C. § 1326, a previously deported alien who “enters, attempts to enter, or is at any time found in” the United States without the express consent of the Attorney General is subject to a fine and imprisonment for up to two years.1 In Pena-Cabanillas v. United States, 394 F.2d 785, 788-90 (9th Cir.1968), we held that illegal reentry into the United States under § 1326 required only a showing of general intent because it was a malum prohibitum regulatory offense and the statute did not otherwise specify an…