United States Fifth Circuit

8 USC 1326, prohibiting non-permissive re-entry into the United States after deportation, is a general intent crime, and an indictment is sufficient if it fairly conveys that defendant's presence in the US was a voluntary act through allegations that he was deported, removed, and subsequently present without consent of the Attorney General.

Appellate Information

• Decided 04/07/2001
• Published 04/27/2001

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Timothy G. Hammer (argued), Corpus Christi, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), George Michael DeGeurin, Houston, TX, for Defendant-Appellant.