U.S. v. Newton, 899
| Decision Date | 19 April 1982 |
| Docket Number | D,No. 899,899 |
| Citation | 677 F.2d 16 |
| Parties | UNITED STATES of America, Appellee, v. Cedric NEWTON, Defendant-Appellant. ocket 81-1495. |
| Court | U.S. Court of Appeals — Second Circuit |
Barry Bassis, The Legal Aid Society, Federal Defender Services Unit, New York City, for defendant-appellant.
Marc J. Gottridge, Asst. U. S. Atty., John H. Martin, Jr., U. S. Atty., S.D.N.Y., Walter P. Loughlin, Asst. U. S. Atty., New York City, of counsel, for appellee.
Before FEINBERG, Chief Judge, and MANSFIELD and OAKES, Circuit Judges.
Cedric Newton appeals from a judgment of conviction entered in November 1981, after a jury trial before Charles S. Haight, J. of the United States District Court for the Southern District of New York. Appellant was found guilty of violating 8 U.S.C. § 1326, which makes it a felony for an alien who has been arrested and deported to be found in the United States without having obtained the express consent of the Attorney General before re-entering. Appellant was sentenced to a one-year prison term, execution of which was suspended, and three years' probation, with a special condition that appellant obey all directions, orders and decisions of the Immigration and Naturalization Service.
Appellant states that the sole issue presented is whether he was denied due process because the trial court's jury instructions eliminated the essential element of mens rea from the crime charged. In fact, however, appellant's brief makes clear that his claim is comprised of two independent contentions. First, appellant argues that the court erred in refusing to grant his written request that the jury be instructed that the government was required to prove defendant's specific intent "to disobey or to disregard the law." We reject this argument because we find the reasoning of Pena-Cabanillas v. United States, 394 F.2d 785 (9th Cir. 1968), persuasive. As the Ninth Circuit pointed out, there is nothing in the language or legislative history of section 1326 to support the proposition that the government must prove specific intent. Id. at 788-90. Moreover, Congress is vested with broad discretion in defining offenses in the area of immigration. United States v. Barajas-Guillen, 632 F.2d 749, 752 (9th Cir. 1980). The Supreme Court's decision in United States v. Bailey, 444 U.S. 394, 100 S.Ct. 624, 62 L.Ed.2d 575 (1980), upon which appellant heavily relies, in no way undercuts the conclusion drawn in Pena-Cabanillas. In fact, Bailey explicitly found the...
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