United States Ninth Circuit

Sufficient evidence of an attempted entry into the U.S. was shown where defendant took an overt act toward entry while under official restraint, and the indictment's failure to allege specific intent was not plain error.

Appellate Information

• Argued 05/13/2002
• Decided 09/09/2002
• Published 09/09/2002

Judges

• Before SNEED, HUG and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Philip Kimble, Tucson, AR, for the appellant.


• For Appellees:
  
• Richard E. Gordon, Assistant United States Attorney, Tucson, AR, for the appellee.