CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, January 9, 2007

SCOTUS Decides United States v. Resendiz-Ponce

Supreme_court_20_12From SCOTUS recently decided in United States v. Resendiz-Ponce that an indictment for attempted reentry of the United States does set forth every element of the alleged offense. 

Respondent, a Mexican citizen, was charged with violating 8 U. S. C. ยง1326(a) by attempting to reenter the United States after having been deported. The District Court denied his motion to have the indictment dismissed because it did not allege a specific overt act that he committed in seeking reentry. In reversing, the Ninth Circuit reasoned that the indictment's omission of an overt act was a fatal flaw not subject to harmless-error review.  The Supreme Court reversed. 

Full Decision. . . [Mark Godsey]

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