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U.S. v. Resendiz-Ponce, No. 04-10302 (9th Cir.) (425 F.3d 729) (October 11, 2005) (Judge Alfred T. Goodwin)

Here the Court held that the Government’s failure to allege any specific overt act in an indictment charging unlawful reentry after a previous deportation, in violation of 8 U.S.C. § 1326, was a fatal defect that is not subject to harmless error analysis. Accordingly, the Court vacated the defendant’s conviction ...

 

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