10th Cir. Crim. Pattern Jury Instr. 2.05

The defendant is charged in count ————— with a violation

of 8 U.S.C. section 1326(a).

This law makes it a crime for an alien [to enter] [to attempt to

enter] [to be found in] the United States after having been

[deported] [excluded] [removed] from the United States.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant was an alien at the time alleged in the

indictment;

Second: the defendant had previously been [denied admission]

[excluded] [deported] [removed] from the United States; and

Third: the defendant [knowingly entered] [knowingly

attempted to enter] [was found in the United States having

entered knowingly].

Fourth: the defendant had not received the consent of the

proper legal authority to reapply for admission to the United

States.