U.S. v. DENIS-LAMARCHEZ

No. 94-4951 Non-Argument Calendar.

64 F.3d 597 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Alberto DENIS-LAMARCHEZ, a/k/a Sherwin Silvino Esposa, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 15, 1995.


Attorney(s) appearing for the Case

Alison Marie Igoe, Asst. Federal Public Defender, Miami, FL, for appellant.

Kendall Coffey, U.S. Atty., Geoffrey R. Brigham, Ronald G. Dewaard, Linda Collins Hertz, Lisa T. Rubio, Asst. U.S. Attys., Miami, FL, for appellee.

Before ANDERSON, EDMONDSON and CARNES, Circuit Judges.


PER CURIAM:

This appeal presents the question whether district courts can impose a sentence for illegal entry into the United States in excess of the two-year maximum penalty erroneously stated on INS Form I-294. The answer is "yes": 8 U.S.C. § 1326(b)(2), clearly states that aliens deported after a conviction for aggravated felonies face a fifteen-year maximum sentence, if they re-enter this country.1

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