U.S. v. WITTGENSTEIN

No. 97-2379.

163 F.3d 1164 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Herta WITTGENSTEIN, also known as Herta Hilscher, also known as Herta Christiensen, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 1998.


Attorney(s) appearing for the Case

John V. Butcher, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before TACHA, BALDOCK, and KELLY, Circuit Judges.


TACHA, Circuit Judge.

Defendant-Appellant Herta Wittgenstein appeals from her conviction of having been found in the United States without permission of the Attorney General after prior arrest and deportation in violation of 8 U.S.C. § 1326 (1994). We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Background

Ms. Wittgenstein, a native and citizen of Austria, has resided in the United States since August 13, 1964, when she...

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