Submitted May 9, 2001
RONALD M. GOULD, Circuit Judge:
Baltazar Pernillo-Fuentes appeals his conviction and thirty-month sentence for attempted entry following deportation in violation of 8 U.S.C. § 1326. We reverse.
On February 16, 2000, the grand jury returned a one-count indictment in which it charged Pernillo-Fuentes as follows:
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