JOHN C. PORFILIO, Circuit Judge.
The central issue in this criminal appeal is whether 8 U.S.C. § 1326(b) constitutes a provision of substantive law, requiring the government to charge and prove a prior felony conviction, or whether it is a penalty enhancement provision under § 1326(a). We conclude it is an enhancement and affirm the judgment of the district court.
I.
In May 1994, Marco Antonio Valdez, a Mexican citizen, pled guilty in federal...
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