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Keywords

defendanttrialbeyond a reasonable doubtjury instructions

defendantbeyond a reasonable doubt

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United States v. Vazquez-Hernandez

Facts

Rosario Vazquez-Hernandez, a citizen of Mexico, was arrested while washing car windows in the pre-inspection area of the Mariposa port of entry into the United States. He had previously been removed from the U.S. three times and had a history of illegal reentry. On April 5, 2014, Border Patrol agents observed him on surveillance cameras and arrested him based on their suspicion of his intentions. He was subsequently charged with attempted illegal reentry.

Prior to his conviction, Vazquez-Hernandez, a citizen of Mexico, frequently earned money washing car windows at the Mariposa port of entry into the United States in Nogales, Arizona. The U.S. inspection station at the Mariposa port of entry lies on U.S. territory, about 100 yards north of the border with Mexico.

Issue

Did the district court err by failing to instruct the jury that the defendant needed to have a conscious desire to reenter the United States free from official restraint to be found guilty of attempted illegal reentry?

Rule

To convict a defendant of attempted illegal reentry under 8 U.S.C. 1326, the government must prove beyond a reasonable doubt that the defendant had the specific intent to reenter the United States free from official restraint.

The crime of attempted illegal reentry under 8 U.S.C. 1326 is a specific intent crime that requires proof beyond a reasonable doubt that the defendant had 'the specific intent 'to reenter without consent.'

Analysis

The court determined that the jury instructions were deficient because they did not include the necessary element of intent to be free from official restraint. This omission constituted plain error, as it failed to adequately inform the jury of the essential elements of the crime. The court concluded that even if the jury had applied the correct legal standard, the evidence presented at trial was insufficient to support a conviction.

The district court's failure to include an instruction on freedom from official restraint at summation constituted plain error. The Fifth and Sixth Amendments require criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which he is charged beyond a reasonable doubt.

Conclusion

The Ninth Circuit reversed Vazquez-Hernandez's conviction and remanded the case to the district court to enter a judgment of acquittal.

Therefore, we vacate Vazquez Hernandez's conviction and remand to the district court to enter a judgment of acquittal.

Who won?

Rosario Vazquez-Hernandez prevailed because the court found that the jury was not properly instructed on a critical element of the crime, which affected his substantial rights.

Vazquez Hernandez prevailed because the court found that the jury was not properly instructed on a critical element of the crime, which affected his substantial rights.

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