United States v. Castillo-Mendez, No. 15-50273 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit reversed defendant's conviction for attempted illegal reentry, holding that the supplemental instruction the district court provided the jury was erroneous and prejudicial. In this case, the jury was confused with respect to the meaning of specific intent to enter free from official restraint, and asked the district court for clarification. The panel held that the district court's confusing and legally inaccurate supplemental instruction failed to remove the jury's confusion. Consequently, it was not clear beyond a reasonable doubt that a rational jury would have convicted defendant on this record. The panel remanded for a new trial.
Court Description: Criminal Law. The panel reversed a conviction for attempted illegal reentry and remanded for a new trial. The panel held that the district court’s supplemental instruction in response to the jury’s request for clarification with respect to the meaning of specific intent to enter free from official restraint was erroneous. The panel held that the supplemental instruction, drawing from “found in” cases: (1) erroneously focused on whether the defendant was, in fact, under official restraint, which is irrelevant to the crime of attempted illegal reentry; and (2) erroneously stated that the defendant “need not be aware” of official restraint, confusingly and inaccurately suggesting that his mental state was irrelevant. The panel concluded that the confusing and legally inaccurate supplemental instruction failed to remove the jury’s confusion about this important issue, and that it is therefore not clear beyond a reasonable doubt that a rational jury would have convicted the defendant on this record. UNITED STATES V. CASTILLO-MENDEZ 3
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