TORRUELLA, Circuit Judge.
Defendant-appellant Tyrone Smith was indicted in the United States District Court for the District of Massachusetts for unlawful reentry into the United States following deportation, in violation of 8 U.S.C. § 1326. Smith moved to dismiss the indictment, collaterally attacking the deportation order upon which the indictment was based. The district court denied the motion. Smith then entered into a plea agreement in which he
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