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UNITED STATES v. PETRELLA

No. 798, Docket 82-1342.

707 F.2d 64 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Salvatore PETRELLA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 11, 1983.

Attorney(s) appearing for the Case

Jeffrey B. Meller, Burlington, Vt., for defendant-appellant.

George W.F. Cook, U.S. Atty., D.Vt., Rutland, Vt., George J. Terwilliger, III, Asst. U.S. Atty., P. Scott McGee, Asst. U.S. Atty., Burlington, Vt., for plaintiff-appellee.

Before LUMBARD and CARDAMONE, Circuit Judges, and ZAMPANO, District Judge.

ZAMPANO, District Judge:

The sole issue raised on this appeal is whether a defendant, indicted under 8 U.S.C. § 1326 for unlawful reentry into this country after deportation, may challenge the validity of the original order of deportation as a defense to the prosecution. We conclude that the underlying deportation is not subject to collateral attack in a § 1326 criminal proceeding and we therefore affirm appellant...

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