1. Home
  2. Browse Decisions
  3. F.3d
  4. 32 F.3d
  5. 32 F.3d 16 (1994)
 

U.S. v. COLE

No. 1323, Docket 93-1653.

32 F.3d 16 (1994)

UNITED STATES of America, Appellee, v. Richard COLE, also known as Joseph James, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Michael A. Battle, Asst. Federal Public Defender, Buffalo, NY, for defendant-appellant.

John E. Rogowski, Asst. U.S. Atty., W.D.N.Y. (Patrick H. NeMoyer, U.S. Atty., of counsel), for appellee.

Before: PRATT and WALKER, Circuit Judges, and MOTLEY, Senior District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

This case presents an issue of first impression in this court: whether 8 U.S.C. § 1326(b)(1) constitutes a separate criminal offense from § 1326(a) or whether it is a sentence-enhancement provision. Section 1326 prohibits the reentry of deported aliens into the United States. Subsection (a) establishes a two-year statutory maximum. For aliens who were deported after a felony conviction, subsection (b)(1) increases the maximum...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases