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U.S. v. MERCURRIS

Docket No. 96-1688.

192 F.3d 290 (1999)

UNITED STATES of America, Appellee, v. Roy Lewis MERCURRIS, also known as Roy Rogers, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 8, 1999.

Attorney(s) appearing for the Case

M. Katherine Baird, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, of counsel), for Appellee.

Beverly Van Ness, New York, New York, for Appellant.

Before: McLAUGHLIN, JACOBS, Circuit Judges, and McMAHON, District Judge.

McLAUGHLIN, Circuit Judge:

BACKGROUND

Mercurris, a Guyanese national, accumulated six convictions for the criminal sale of marijuana in New York State courts between 1982 and 1984. In late 1985 he was deported to Guyana. About two years later, Mercurris illegally re-entered the United States. He was arrested on March 18, 1993. After initial attempts to prosecute him for illegal re-entry resulted in a mistrial, the Immigration and Naturalization Service ...

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