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U.S. v. CABRAL

No. 00-1068.

252 F.3d 520 (2001)

UNITED STATES of America, Plaintiff, Appellee, v. Plácido CABRAL, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Yasmín Irizarry, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief, for appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, Chief, Criminal Division, Assistant United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, GARCÍA-GREGORY, U.S. District Judge.

GARCIA-GREGORY, District Judge.

Plácido Cabral was convicted, following a jury trial, for attempting to re-enter the United States after having been previously arrested and deported, in violation of 8 U.S.C. § 1326. On appeal, Cabral argues that the district court erred in denying his motion for acquittal because he did not attempt to re-enter the United States, and because he lacked a specific intent to do so, as the statute allegedly requires. Cabral also...

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