MEMORANDUM ORDER
RAKOFF, District Judge.
The one-count indictment in this case charges defendant Donald Bailey with violating 8 U.S.C. § 1326 by illegally reentering the United States in 1998 after having been deported in 1996 subsequent to being convicted of an aggravated felony. A prior valid deportation of defendant is an essential element of this offense. United States v. Fares,
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