United States v. Genaro Smith-Baltiher

How courts have described this case

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

• holding that a § 1326 defendant was entitled to present a mistake-of-fact defense based on his alleged belief that he was a U.S. citizen
• holding that a defendant’s reasonable mistaken belief that he is a U.S. citizen, and therefore does not need the Attorney General’s permission before attempting reentry, is a defense to the specific intent crime of attempted illegal reentry
• addressing issue not dispositive of appeal but “likely to arise again on remand”
• accepting concession that, contrary to in-circuit precedent, government cannot use collateral estoppel to establish or preclude defense dispute of an essential element of an offense to which government bears burden of proof
• '[T]he defendant was entitled to present probative evidence . . . .' (emphasis added)

Source: CourtListener parenthetical corpus (CC0).