United States Ninth Circuit

Failure to allege any specific overt act that is a substantial step toward entry is a fatal defect in an indictment for attempted entry following deportation under 8 U.S.C. section 1326.

Appellate Information

• Argued 06/14/2005
• Decided 10/11/2005
• Published 10/11/2005

Judges

• GOODWIN, Circuit Judge., Before GOODWIN, REAVLEY, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Atmore L. Baggot, Apache Junction, AZ, for the defendant-appellant., Raynette M. Logan, Joseph Koehler, Assistant U.S. Attorneys, Phoenix, AZ, for the plaintiff-appellee.