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U.S. v. BARNES

Docket No. 00-1619.

244 F.3d 331 (2001)

UNITED STATES of America, Appellee, v. Danny Eklain BARNES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 27, 2001.

Attorney(s) appearing for the Case

JOHN E. ROGOWSKI, Assistant United States Attorney, Western District of New York, Buffalo, N.Y., (Denise E. O'Donnell, United States Attorney, on the brief), for Appellee.

JOSEPH B. MISTRETT, First Assistant Defender, Federal Public Defender's Office, Western District of New York, Buffalo, N.Y., (Marybeth Covert, of counsel, on the brief), for Defendant-Appellant.

Before: JACOBS, STRAUB, and POOLER, Circuit Judges.

PER CURIAM:

Danny Eklain Barnes appeals from a judgment entered by the United States District Court for the Western District of New York (Arcara, J.), convicting him upon a plea of guilty to attempted entry of the United States following deportation, in violation of 8 U.S.C. § 1326(a). At the sentencing hearing, the district court ruled that Barnes' sentence was governed by § 1326(b)(2) because his deportation followed a conviction for an aggravated...

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