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United States v. Resendiz-Ponce

United States Supreme Court
549 U.S. 549 (2007)


Facts

Juan Resendiz-Ponce (defendant), a Mexican citizen, was deported and not allowed reentry into the United States. Despite this, Resendiz-Ponce went to an inspection point, handed the border agent a fake identification document (ID), and lied to the agent about his residency status. Resendiz-Ponce was indicted for illegally attempting to reenter the United States. The indictment stated that Resendiz-Ponce “knowingly and intentionally attempted to enter the United States of America,” in violation of 8 U.S.C. § 1326(a). The indictment gave the specific time and date that the alleged conduct occurred. Resendiz-Ponce filed a motion to dismiss the indictment on the ground that it did not allege a specific overt act he had committed in his attempt to reenter the United States. The district court denied the motion. The jury convicted Resendiz-Ponce. He appealed, and the United States Court of Appeals for the Ninth Circuit reversed, finding that the indictment was flawed because it did not specify an overt act that Resendiz-Ponce had committed. The United States Supreme Court granted certiorari.

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Issue

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Holding and Reasoning (Stevens, J.)

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Dissent (Scalia, J.)

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