Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

United States v. Resendiz-Ponce

United States Supreme Court
549 U.S. 549, 127 S.Ct. 782, 166 L.Ed.2d 591 (2007)


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.

Rule of Law


Holding and Reasoning (Stevens, J.)

Dissent (Scalia, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial