· 6/7/2001
United States v. Guillermo Carlos-Colmenares
Citations
- 253 F.3d 276
- 2001 U.S. App. LEXIS 11848
- 2001 WL 624877
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- interpreting 8 U.S.C. § 1326, which makes a crime to be “found in” the United States without the express consent of the Attorney General, and holding that “intent to reenter the country without the Attorney General’s express consent is not an element of section 1326.”
- interpreting 8 U.S.C. § 1326, which makes a crime to be “found in” the United States without the express consent of the Attorney General, and holding that “intent to reenter the country without the Attorney General’s express consent is not an element of section 1326.”
- an alien’s reasonable, but mistaken, belief that he was entitled to reenter the United States is no defense to prosecution
- “The statute is limited to persons who have previously been deported from the United States. They are persons who were in this country illegally, and obviously knew it when they were deported.”
- “The stat‐ ute is limited to persons who have previously been deported from the United States. They are persons who were in this country illegally, and obviously knew it when they were de‐ ported.”
- “Intent to reenter is an element—it is hardly likely that 15 Congress would have made it a crime to be transported involuntarily to the United States, say by an airplane hijacker—but not intent to reenter without the requisite permission.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Evans, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.