United States v. Resendiz-Ponce

Juan Resendiz-Ponce (defendant), previously deported, attempted to reenter the United States using a fake ID and lying about his residency status. His indictment for attempted illegal reentry under 8 U.S.C. § 1326(a) stated he "knowingly and intentionally attempted to enter the United States" on a specific date, but didn't identify a particular overt act. The district court denied his motion to dismiss on that ground, the jury convicted him, and the Ninth Circuit reversed, finding the indictment defective for not specifying an overt act.