5th Cir. Pattern Jury Instr. (Criminal) 2.02C

8 U.S.C. § 1325(a)(3)

Title 8, United States Code, Section 1325(a)(3) makes it a crime [felony] for an alien to

attempt to enter [to obtain entry to] the United States by a willfully false or misleading

representation [the willful concealment of a material fact], after a previous conviction under this

statute.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: The defendant was an alien;

Second: The defendant attempted to enter [obtained entry into] the United States;

Third: The defendant made a false or misleading representation [concealed a material fact]

for the purpose of gaining entry;

Fourth: The defendant acted willfully, that is, he [she] deliberately and voluntarily made

the representation knowing it was false [concealed a material fact]; and

Fifth: The defendant was previously convicted of a violation of 8 U.S.C. § 1325.

An alien is any person who is not a natural-born or naturalized citizen of the United States.

[Concealments are “material” if they had a tendency to influence the decisions of the

______________ (identify relevant federal agency).]