What are the elements of the crime of attempted illegal reentry under section 1326 of the Immigration Code?

At the close of evidence, the parties presented closing arguments to the district court. The elements of the crime of attempted illegal reentry under 1326 are: "(1) the defendant had the purpose, i.e., conscious desire, to reenter the United States without the express consent of the Attorney General; (2) the defendant committed an overt act that was a substantial step towards reentering without that consent; (3) the defendant was not a citizen of the United States; (4) the defendant had previously been lawfully denied admission, excluded, deported or removed from the United States; and (5) the Attorney General had not consented to the defendant's attempted reentry." United States v. GracidasUlibarry, 231 F.3d 1188, 1196 (9th Cir.2000) (en banc).