U.S. v. RESENDIZ-PONCE

No. 05-998.

127 S.Ct. 782 (2007)

549 U.S. 102

166 L.Ed.2d 591

UNITED STATES, Petitioner, v. RESENDIZ-PONCE.

Supreme Court of United States.

Decided January 9, 2007.


Attorney(s) appearing for the Case

Michael R. Dreeben , Washington, DC, for petitioner.

Atmore L. Baggot , Apache Junction, Arizona, appointed by this Court, for respondent.

Jeffrey T. Green , Devon A. Corneal , Sidley Austin LLP, Washington, DC, Atmore L. Baggot , Counsel of Record, Apache Junction, AZ, Steven F. Hubachek , Federal Defenders of San Diego, Inc., San Diego, CA, for respondent.

Paul D. Clement , Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for petitioner.

Atmore Baggot , CJA Counsel of Record, Apache Junction, Arizona, for respondent.

Paul D. Clement , Solicitor General, Counsel of Record, Alice S. Fisher , Assistant Attorney General, Michael R. Dreeben , Kannon K. Shanmugam , Assistant to the Solicitor General, Nina Goodman , Attorney, Department of Justice, Washington, D.C., for petitioner.


A jury convicted respondent Juan Resendiz-Ponce, a Mexican citizen, of illegally attempting to reenter the United States. Because the indictment failed to allege a specific overt act that he committed in seeking reentry, the Court of Appeals set aside his conviction and remanded for dismissal of...

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