U.S. v. NGUYEN

No. 94-10268.

73 F.3d 887 (1995)

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

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1995.


Attorney(s) appearing for the Case

Diane Marie Amann, San Francisco, California, for defendant-appellant.

Steven F. Gruel, Assistant United States Attorney, San Francisco, California, for plaintiff-appellee.

Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges.


FLETCHER, Circuit Judge:

Lung Van Nguyen appeals his conviction for bringing aliens into the United States at a location other than a designated port of entry, in violation of 8 U.S.C. § 1324(a)(1)(A). We have jurisdiction, and we reverse because the district court failed to instruct the jury regarding an essential element of the offense.

I

Nguyen's arrest resulted from a federal investigation of a suspected...

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