MEMORANDUM
MOORE, Chief Judge.
The United States seeks a ruling whether the defendant's prior felony conviction is an element of the offense charged in the indictment, namely, 8 U.S.C. § 1326(a) & (b)(2). The issue is whether 8 U.S.C. § 1326 (1995), the statute under which the defendant is charged, defines three separate offenses or one offense with three levels of punishment. Because we find that section 1326(b)(2) represents an enhancement...
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