E. GRADY JOLLY, Circuit Judge:
On July 2, 1997, Gabriel Benitez-Villafuerte ("Benitez") was deported from the United States under the expedited removal procedure set forth in 8 U.S.C. § 1228. Soon thereafter, he illegally reentered. This appeal arises out of the government's criminal prosecution of Benitez under 8 U.S.C. § 1326(a) and (b)(2) for that illegal reentry. In this prosecution, the government has the burden to prove that Benitez had been previously...
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