OPINION OF THE COURT
SCIRICA, Circuit Judge.
The central issue in this criminal appeal is whether 8 U.S.C. § 1326(b)(2) makes a prior conviction for an aggravated felony an element of the offense, requiring proof for conviction, or whether it is a penalty enhancement provision under 8 U.S.C. § 1326(a), which sets forth the elements of the offense.
I.
On May 14, 1990, Jesus Rhadames DeLeon-Rodriguez, a citizen of the Dominican...
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