United States v. Arenas-Toscuento
United States v. Arenas-Toscuento
Opinion of the Court
MEMORANDUM
Because the parties are familiar with the facts, we do not recite them here. We affirm the district court for the following reasons:
Arenas-Toscuento’s pre-decision speculations to the contrary notwithstanding, United States v. Graeidas-Ulibarry, 231 F.3d 1188 (9th Cir. 2000) (en banc) made no change in the mental element required for a “found in” conviction under 8 U.S.C. § 1326. The “found in” offense continues to require only general intent rather than specific intent, United States v. Ortiz-Vil-legas, 49 F.3d 1435, 1437 (9th Cir. 1995),
Arenas-Toscuento’s return to the United States to see his sick mother was the result of a voluntary act, so the elements of the “found in” offense were established.
AFFIRMED.
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Ricardo ARENAS-TOSCUENTO, aka Ricardo Arnes-Toscuento aka Ricardo Arenas-Tosquento aka Richard Arenas-Toscuento aka Richard Tosequento-Areas aka Richard Toscunto Arenas aka Richard Tosquento Arenas
- Status
- Published