Whether attempted illegal reentry is a specific-intent crime or a general-intent crime

QUESTION PRESENTED In the United States v. Resendiz-Ponce, 549 U.S. 102 (2007), the Supreme Court made it clear, in dicta, that attempted illegal reentry is a specific intent crime. However, in Mr. Martinez’ case, the Fifth Circuit failed to follow ResendizPonce, holding instead, that attempted illegal reentry is a general intent crime, while the Ninth Circuit has held that attempted illegal reentry requires specific intent to commit the crime. This Court should resolve the circuit split and answer the question of whether attempted illegal reentry is a specific intent crime or a general intent crime. i