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U.S. v. GAY

No. 92-4210.

7 F.3d 200 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Fredo GAY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 1993.

Attorney(s) appearing for the Case

Bonnie Phillips-Williams, Miami, FL, Richard C. Klugh, Asst. Federal Public Defenders, Ft. Lauderdale, FL, for defendant-appellant.

James McAdams, III, Nina Stillman Mandel, Linda C. Hertz, Anne Hayes, Lisa A. Hirsch, U.S. Attys., Miami, FL, for plaintiff-appellee.

Before ANDERSON, Circuit Judge, DYER and PECK, Senior Circuit Judges.

ANDERSON, Circuit Judge:

Appellant challenges his conviction of being found in the United States after deportation without the Attorney General's consent in violation of 8 U.S.C. § 1326. The primary issue on this appeal is whether the decision of United States v. Canals-Jimenez, 943 F.2d 1284 (11th Cir.1991) dictates that the definition of "found in" under 8 U.S.C. § 1326 applies only to those aliens found in the...

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