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U.S. v. Gracidas-Ulibarry, No. 98-50610 (9th Cir.) (231 F.3d 1188) (November 7, 2000) (Judge Raymond C. Fisher)

Here the Court held that a conviction for attempt to reenter the U.S. without the consent of the Attorney General, in violation of 8 USC § 1326, requires a jury finding that the defendant consciously desired to reenter the U.S. without such consent.

In this en banc decision, the Court …

 

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