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UNITED STATES v. ANTON

No. 81-2435.

683 F.2d 1011 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Rolf Wilhelm Otto ANTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1982.

Attorney(s) appearing for the Case

Gregory J. Schlesinger, Chicago, Ill., for defendant-appellant.

Robert B. Breisblatt, Asst. U. S. Atty., Dan K. Webb and Robert Walter Tarun, U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before BAUER, CUDAHY, and POSNER, Circuit Judges.

BAUER, Circuit Judge.

This is an appeal from a judgment of conviction entered against the defendant, Rolf Wilhelm Otto Anton, for violating 8 U.S.C. § 1326, Reentry of Deported Alien. For the reasons explained below, we reverse that judgment.

The statute under which the defendant was charged provides:

Any alien who — (1) has been arrested and deported or excluded and deported, and thereafter (2) enters, attempts to...

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