__NOTOC__ United States v. Resendiz-Ponce, , was a United States Supreme Court case in which the court held that an indictment alleging attempted reentry under 8 U.S.C §1326(a) need not specifically allege a particular overt act or any other component part of the offense.Syllabus of . Fairfax, Roger. "Harmless constitutional error and the institutional significance of the jury." Fordham Law Review 76.2027 (2008).Weinberg, Robert L. "Applying the Rationale of Twombly to Provide Safeguards for the Accused in Federal Criminal Cases." Advance 7 (2013): 45.
Background
Juan Resendiz-Ponce, a Mexican citizen, was charged with violating 8 U.S.C. §1326(a) by attempting to reenter the United States after having been deported. The federal District Court denied his motion to have the indictment dismissed because it did not allege a specific overt act that he committed in seeking reentry. In reversing, the Ninth Circuit Court of Appeals reasoned that the indictment's omission of an overt act was a fatal flaw not subject to harmless-error review.
The Supreme Court granted certiorari.
Opinion of the court
The Supreme Court issued an opinion on January 9, 2007.
Later developments
References
External links