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U.S. v. SMITH

No. 94-1115.

36 F.3d 128 (1994)

UNITED STATES, Appellee, v. Devon Wayne SMITH, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided September 7, 1994.

Certiorari Denied November 14, 1994.

Attorney(s) appearing for the Case

Peter Bruce Krupp, Federal Defender Office, Boston, MA, by Appointment of the Court, for appellant.

James Francis Lang, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, was on brief for appellee.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and KEETON, District Judge.

Certiorari Denied November 14, 1994. See 115 S.Ct. 529.

TORRUELLA, Chief Judge.

Defendant-Appellant Devon Wayne Smith entered a conditional plea of guilty to an indictment charging him with illegally reentering the United States following a deportation order subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). On appeal, Smith asserts that the district court erred in denying his motion to dismiss (1...

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