DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082869P.pdf 04/16/2009 United States v. Braulio Pereyra-Gabino
U.S. Court of Appeals Case No: 08-2869
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Melloy and Shepherd, Circuit Judges]
Criminal case - criminal law and sentencing. Jury instruction on the
elements of the offense was erroneous as it did not require the jury to
find that each individual defendant shielded from detection was in the
U.S. illegally and that defendant knew or was in reckless disregard of
the fact; case remanded for further proceedings.