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U.S. v. ZELAYA

No. 01-13015.

293 F.3d 1294 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Wilfredo Antonio ZELAYA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 11, 2002.

Attorney(s) appearing for the Case

William L. Thomas, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Defendant-Appellant.

Anne R. Schultz, Carol E. Herman, Laura T. Rivero, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before MARCUS, FAY and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Wilfredo Zelaya was convicted after a jury trial before Judge Middlebrooks for illegally re-entering the United States after having been deported subsequent to a conviction for an aggravated felony. See 8 U.S.C. §§ 1326(a), (b)(2). On appeal, he argues that the district court erred when it denied his motion to dismiss the indictment on the ground that the order pursuant to which he...

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