United States v. Antonio Rivera-Relle

ORDER AND AMENDED OPINION

ORDER

The opinion filed March 6, 2003 ( 322 F.3d 670 ), is hereby amended as follows:

Footnote 9, insert the following two new paragraphs after the first paragraph:

With this amendment, the panel has voted to deny appellant’s petition for panel rehearing. Judge Berzon has voted to deny the petition for rehearing en banc and Judges Hall and Thompson have recommended denial. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. RApp. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

The clerk shall accept no further filings in this case.

OPINION

Antonio Rivera-Relie, a previously deported alien, appeals his conviction for attempting to enter the United States with out the consent of the Attorney General in violation of 8 U.S.C. § 1326 . Rivera assigns two errors to his conviction. First, he contends that to be guilty of the crime of attempting to enter the United States, the government must prove beyond a reasonable doubt that he never, in fact, succeeded in entering the United States. Since the jury was not so…