United States Ninth Circuit
US v. Argueta-Rosales, 14-50384
Conviction for attempted illegal reentry is vacated and the case remanded for a new trial where defendant provided evidence that he entered the U.S. solely to escape pursuing Mexican gangs. The court held that the district court applied the wrong legal standard in finding defendant knowingly entered the U.S. illegally where 8 U.S.C. section 1326 requires specific intent to attempt illegal reentry free of official restraint.
Appellate Information
- Decided
- Published 2016/04/12
Judges
- FISHER
Court
- United States Ninth Circuit