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Keywords

respondent
respondent

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Resendiz-Ponce; U.S. v.

Facts

Respondent was deported twice, once in 1988 and again in 2002, before his attempted reentry on June 1, 2003. On that day, respondent walked up to a port of entry and displayed a photo identification of his cousin to the border agent. Respondent told the agent that he was a legal resident and that he was traveling to Calexico, California. Because he did not resemble his cousin, respondent was questioned, taken into custody, and ultimately charged with a violation of 8 U.S.C. 1326(a). The indictment alleged that he knowingly and intentionally attempted to enter the United States after having been previously deported.

Respondent was deported twice, once in 1988 and again in 2002, before his attempted reentry on June 1, 2003. On that day, respondent walked up to a port of entry and displayed a photo identification of his cousin to the border agent. Respondent told the agent that he was a legal resident and that he was traveling to Calexico, California. Because he did not resemble his cousin, respondent was questioned, taken into custody, and ultimately charged with a violation of 8 U.S.C. 1326(a). The indictment alleged that he knowingly and intentionally attempted to enter the United States after having been previously deported.

Issue

Whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.

Whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.

Rule

An indictment must set forth each element of the crime that it charges, and the word 'attempt' encompasses both the overt act and intent elements.

An indictment must set forth each element of the crime that it charges, and the word 'attempt' encompasses both the overt act and intent elements.

Analysis

The Court determined that the indictment was not defective because it implicitly alleged that respondent engaged in the necessary overt act simply by alleging that he attempted to enter the United States. The use of the word 'attempt,' coupled with the specification of the time and place of respondent's attempted illegal reentry, satisfied the constitutional requirements for an indictment.

The Court determined that the indictment was not defective because it implicitly alleged that respondent engaged in the necessary overt act simply by alleging that he attempted to enter the United States. The use of the word 'attempt,' coupled with the specification of the time and place of respondent's attempted illegal reentry, satisfied the constitutional requirements for an indictment.

Conclusion

The Court reversed the appellate court's judgment and remanded the case for further proceedings.

The Court reversed the appellate court's judgment and remanded the case for further proceedings.

Who won?

The United States prevailed in the case because the Supreme Court found that the indictment was sufficient and did not require the specification of a particular overt act.

The United States prevailed in the case because the Supreme Court found that the indictment was sufficient and did not require the specification of a particular overt act.

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