United States Ninth Circuit

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US v. Vazquez-Hernandez, 15-10009

Conviction for attempted illegal reentry under 8 U.S.C. section 1326 is vacated and remanded for a judgment of acquittal where: 1) the district court committed plain error affecting the defendant’s substantial rights by failing to instruct the jury that in order to be found guilty of attempted illegal reentry the defendant must have had the specific intent to reenter the United States free from official restraint; and 2) even if the jury applied the correct legal standard, no rational trier of fact could have found the essential elements of attempted illegal reentry beyond a reasonable doubt.

Appellate Information

  • Decided
  • Published 2017/03/03




  • United States Ninth Circuit