Opinion by Judge RYMER; Concurrence by Judge SILVERMAN.
RYMER, Circuit Judge:
Alfredo Gracidas-Ulibarry appeals his jury conviction and sentence for attempted reentry into the United States following deportation in violation of 8 U.S.C. § 1326. We must decide whether, as he contends, the jury should have been instructed that an attempt to reenter without the Attorney General's consent to the alien's reapplying for admission is a specific intent crime...
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