U.S. v. GOMEZ-HERNANDEZ

Nos. 01-3789, 01-3819.

300 F.3d 974 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Julio GOMEZ-HERNANDEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luis Alcaras-Navarro, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2002.


Attorney(s) appearing for the Case

B. John Burns (argued), Asst. Fed. Public Defender, Des Moines, IA, for appellant.

Edwin F. Kelly (argued), Asst. U.S. Atty., Des Moines, IA, for appellee.

Before: WOLLMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

An alien who illegally reenters this country after a prior deportation violates 8 U.S.C. § 1326(a) and is subject to imprisonment for not more than two years. However, if the alien illegally reenters after a deportation that followed an aggravated felony conviction, he may be imprisoned for up to twenty years. § 1326(b)(2). See generally United States v. Estrada-Quijas, 183 F.3d 758, 760-61 ...

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