U.S. v. VIEIRA-CANDELARIO

Cr. No. 92-044 P.

811 F.Supp. 762 (1993)

UNITED STATES of America, v. Aurelio VIEIRA-CANDELARIO.

United States District Court, D. Rhode Island.

January 28, 1993.


Attorney(s) appearing for the Case

Craig Moore, Asst. U.S. Atty., U.S. Attorney's Office, Providence, RI, for plaintiff.

Damon D'Ambrosio, Providence, RI, for defendant.


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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