# United States v. Alfredo Gracidas-Ulibarry

> Court of Appeals for the Ninth Circuit · November 7, 2000 · 231 F.3d 1188

URL: https://www.frixlaw.com/law-library/cases/9493579

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Alfredo GRACIDAS-ULIBARRY, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 7, 2000
- **Citations:** 231 F.3d 1188; 2000 Daily Journal DAR 11897; 2000 Cal. Daily Op. Serv. 8956; 2000 U.S. App. LEXIS 27823; 2000 WL 1664283
- **Precedential status:** Published
- **Opinion:** Concurrence by Fernandez
- **Judges:** Hug, Pregerson, Reinhardt, Fernandez, Nelson, Kleinfeld, Thomas, Graber, Fletcher, Fisher, Paez
- **Cited by:** 166 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9493579

## How later opinions describe it (automated extraction)

- holding that constitutional error of failing to instruct jury concerning specific intent for attempted reentry was harmless because “the government offered undisputed testimony ... that demonstrated [the alien’s] conscious desire to enter the United States without first obtain…
- explaining that if attempted illegal reentry were a general intent crime, a previ- ously deported alien who went to the border to pick up forms to apply for reentry could be convicted of attempting to reen- ter, regardless of his or her intent to comply with the law
- explaining that if attempted illegal reentry were a general intent crime, a previously deported alien who went to the border to pick up forms to apply for reentry could be convicted of attempting to reenter, regardless of his or her intent to comply with the law
- finding that the court’s erroneous omis- sion of the intent element from the jury instructions was harmless because overwhelming evidence supported a finding of intent — even though the defendant claimed he was asleep, and could not have had the requisite intent
- finding that the court’s erroneous omission of the intent element from the jury instructions was harmless because overwhelming evidence supported a finding of intent — even though the defendant claimed he was asleep, and could not have had the requisite intent

## Opinion text

FERNANDEZ, Circuit Judge,
concurring:
Because I agree with the persuasive reasoning of the majority opinion in United States v. Gracidas-Ulibarry, 192 F.3d 926 (9th Cir.1999), which I now adopt, I concur in the result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9493579. Public record. Not legal advice.