UNITED STATES v. PATTERSON

No. 71-1229 Summary Calendar.

446 F.2d 1358 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde Kingsley PATTERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1971.


Attorney(s) appearing for the Case

Louis Francis Ray, Jr. (Court Appointed), Holsberry, Emmanuel, Sheppard, Mitchell & Condon, Pensacola, Fla., for defendant-appellant.

William Stafford, U. S. Atty., J. Worth Owen, Asst. U. S. Atty., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM:

Appellant, an alien, was convicted in the United States District Court for the Northern District of Florida of unlawful reentry into the United States after deportation, in violation of 8 U.S.C. § 1326. His defense was that he was within the exception to § 1326 in that the Attorney General of the United States had expressly consented to his reapplying for admission to this country.

On voir dire outside the presence of the jury, appellant...

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