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U.S. v. TORRES

No. 03-2574.

383 F.3d 92 (2004)

UNITED STATES of America v. Jose Augustin TORRES, a/k/a Juan Diaz, a/k/a Victor Torres, a/k/a Anthony Rodriguez, a/k/a Joselito Torres, a/k/a Martin Rodriguez Jose Augustin Torres, Appellant.

United States Court of Appeals, Third Circuit.

September 7, 2004.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, Supervising Appellate Attorney, Elizabeth T. Hey, Assistant Federal Defender, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney, for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Anita Eve, Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before ALITO and CHERTOFF, Circuit Judges, and DEBEVOISE, District Judge.

Submitted Under Third Circuit LAR 34.1(a) January 23, 2004.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Jose Augustin Torres appeals his conviction for unlawful re-entry into the United States after having been deported. On July 18, 2002, Torres was indicted for illegal re-entry after deportation in violation of 8 U.S.C. § 1326. The indictment also charged that, prior to his removal, Torres had been convicted of an aggravated felony, making...

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