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U.S. v. HENRY

No. 95-8755.

111 F.3d 111 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. David Andrew HENRY, a.k.a. David Henry Corelli, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 1, 1997.

Attorney(s) appearing for the Case

Jimmy Hardy, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Kent Alexander, U.S. Atty., Gordon H. Miller, Asst. U.S. Atty., Atlanta, GA, Jonathan Daniel Pelletier, U.S. Dept. of Justice, Office of Immigration and Naturalization, Atlanta, GA, for Plaintiff-Appellee.

Before DUBINA and BLACK, Circuit Judges, and O'KELLEY, Senior District Judge.

O'KELLEY, Senior District Judge:

Appellant challenges his conviction of being found in the United States after deportation without the Attorney General's consent in violation of Title 8 U.S.C. § 1326. The primary issue on appeal is whether the offense of illegal reentry into the United States after deportation in violation of Title 8 U.S.C. § 1326 is a specific intent crime.

Appellant David Andrew Henry was deported on November 9, 1988, under the...

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