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· 12/19/1995

UNITED STATES of America, Plaintiff-Appellee, v. Lung Van NGUYEN, Defendant-Appellant

Citations

  • 73 F.3d 887
  • 95 Cal. Daily Op. Serv. 9664
  • 95 Daily Journal DAR 16819
  • 1995 U.S. App. LEXIS 35577
  • 1995 WL 747756

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that \we are reluctant to conclude that Congress intended to dispense with mens rea as an element of a crime absent some indication of congressional intent\
  • noting that “we are reluctant to conclude that Congress intended to dispense with mens rea as an element of a crime absent some indication of congressional intent”
  • noting that when criminal intent is an implied element of a crime it “is no less an ele- ment of the offense here than if it had been expressly pro- vided for in the statute”
  • reversing a conviction where the jury instructions failed to require a finding of intent
  • reading \knowingly\ to require specific intent in a statute that proscribed bringing aliens into the United States other than at a designated port of entry because otherwise it would \expose persons who perform innocent acts to lengthy prison sentences\
  • reading \knowingly\ to require specific intent in a statute that proscribed bringing aliens into the United States other than at a designated port of entry because otherwise it would \expose persons who perform innocent acts to lengthy prison sentences\

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Reinhardt, Noonan

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.