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U.S. v. LAINEZ-LEIVA

No. 1125, Docket 97-1467.

129 F.3d 89 (1997)

UNITED STATES of America, Appellee, v. Francisco LAINEZ-LEIVA, also known as Roberto Cisnero, Oscar Gonzalez and Jose Rodolfo Moreno-Martinez, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Paul Silver, Assistant United States Attorney (Thomas J. Maroney, United States Attorney, Northern District of New York, Kimberly M. Zimmer, Assistant United States Attorney, of counsel), Albany, NY, for Appellee.

Jeffrey S. Shelly, Albany, NY, for Defendant-Appellant.

Before: JACOBS and LEVAL, Circuit Judges and RESTANI, Judge.

PER CURIAM:

On or about October 24, 1994, Francisco Lainez-Leiva, also known as Roberto Cisnero, Oscar Gonzalez, and Jose Rodolfo Moreno-Martinez, a citizen of El Salvador who had previously been convicted of a felony and deported, was found to be in the United States unlawfully without the express consent of the Attorney General, in violation of 8 U.S.C. § 1326(a)(B)(1). On April 17, 1996, a federal grand jury in Albany returned a one-count indictment charging...

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