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UNITED STATES v. ORIS

No. 78-5624.

598 F.2d 428 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Mary ORIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 24, 1979.

Attorney(s) appearing for the Case

Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Ralph N. Person, Linda C. Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH and VANCE, Circuit Judges, and BOOTLE, District Judge.

Rehearing and Rehearing En Banc Denied August 24, 1979.

AINSWORTH, Circuit Judge:

Mary Oris appeals her conviction for violating 8 U.S.C. § 1326, which provides in pertinent part that "[a]ny alien who has been ... excluded and deported, and thereafter ... is at any time found in, the United States ... shall be guilty of a felony," unless before "his reembarkation at a place outside the United States or his application for admission from foreign contiguous...

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