What is appellant's position on the mens rea element of Section 1029 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Abozid, 257 F.3d 191 (2nd Cir. 2000):

Second, appellant contends that the district court failed to inform the jury of the mens rea element of Section 1029. Reviewing the jury charge as a whole, however, as we must, see United States v. Jones, 30 F.3d 276, 284 (2d Cir. 1994) ("[W]e look at the charge as a whole to see if it correctly stated the law."), we find no error, plain or otherwise. The district court clearly stated in its charge that "[t]he third element the government must establish beyond a reasonable doubt is that the defendant acted knowingly and with an intent to defraud."

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