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U.S. v. RODRIGUEZ

No. 04-4157-CR.

416 F.3d 123 (2005)

The UNITED STATES of America, Appellee, v. Daniel RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2005.

Attorney(s) appearing for the Case

Lawrence Mark Stern, New York, NY, for Defendant-Appellant.

Thomas Fallati, Assistant United States Attorney (Susan Corkery, Assistant United States Attorney, of counsel; Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), Brooklyn, NY, for Appellee.

Before: STRAUB and WESLEY, Circuit Judges, SESSIONS, Chief Judge.

STRAUB, Circuit Judge.

This appeal asks us to decide whether attempted reentry in violation of 8 U.S.C. § 1326(a) is a specific intent crime, requiring that the government allege and prove that a previously deported alien intended to enter the United States without the expressed permission of the United States Attorney General. We hold that it is not. Consistent with our opinion in United States v. Martus, 138 F.3d 95 (2d Cir.1998) (per curiam)...

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