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U.S. v. KNIGHT

No. 05-14537.

490 F.3d 1268 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo KNIGHT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 3, 2007.

Attorney(s) appearing for the Case

Bernardo Lopez, Martin John Bidwell, Fed. Pub. Defenders, Ft. Lauderdale, FL, Kathleen M. Williams, Richard C. Klugh, Jr., Fed. Pub. Defenders, Miami, FL, for Knight.

Lisa T. Rubio, Anne R. Schultz, Asst. U.S. Atty., Kathleen M. Salyer, Miami, FL, Phillip DiRosa, Ft. Lauderdale, FL, for U.S.

Before TJOFLAT, FAY and SILER, Circuit Judges.

SILER, Circuit Judge:

Ricardo Knight, an alien resident of the United States, appeals his conviction for improperly voting in a federal election, in violation of 18 U.S.C. § 611(a), a misdemeanor. Knight contends that § 611 is unconstitutional because it fails to incorporate a mens rea, and the district court improperly incorporated a general intent mens rea into the offense. Additionally, Knight argues that the instructions given to the grand jury that...

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