United States v. Resendiz-Ponce
The United States convicted Resendiz-Ponce of attempting to reenter the country after being deported. Resendiz-Ponce had previously been deported because of a kidnapping conviction. He then tried to cross the border with false identification, was arrested and convicted.
In a district court, Resendiz-Ponce moved to dismiss his indictment because it did not allege an overt act, an element of the crime that was required by prior case law. The district court denied the motion, and held that Resendiz-Ponce’s presence in court was adequate to notify him of the criminal charges against him. The United States Court of Appeals for the Ninth Circuit reversed and remanded the case with instructions to dismiss the indictment. The court of appeals held that the overt act was an essential element of the offense, and failing to allege such an element was not a mere harmless error, but rather a fatal flaw that required the court to dismiss the indictment.
Question Presented:
Whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.
