MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
The sentencing of Defendant Aurelio Vieira-Candelario raises a significant legal question of first impression in the First Circuit: whether 8 U.S.C. § 1326(a) and § 1326(b) set forth separate and distinct offenses or a single offense with different penalties depending on the defendant's criminal record?
Section 1326(a) makes it an offense punishable by not more than two years in prison...
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