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U.S. v. MARTUS

No. 863, Docket 97-1320.

138 F.3d 95 (1998)

UNITED STATES of America, Appellee, v. Istvan MARTUS, aka Jozsef Sztojka, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Patrick J. Brown, Buffalo, NY, for Defendant-Appellant.

Patrick H. NeMoyer, United States Attorney, Buffalo, NY (Joel Louis Violanti, Assistant United States Attorney, counsel), for Appellee.

Before: KEARSE and JACOBS, Circuit Judges, and ARTERTON, District Judge.

PER CURIAM:

Istvan Martus appeals from a conviction by jury for violating 8 U.S.C. § 1326, which makes it a felony for an alien who has been previously arrested and deported to reenter the United States without the express consent of the Attorney General to reapply for admission. The appellant contends that the evidence that he lacked the permission of the Attorney General to reapply for admission to the United States is insufficient to sustain the government...

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