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U.S. v. MERCEDES

Docket No. 01-1170.

287 F.3d 47 (2002)

UNITED STATES OF AMERICA, Appellee, v. Nelson MERCEDES, aka "Nelson Manuel Feireira," aka "Jose P. Roger," aka "Jose Herman," aka "Nesol Mersede," aka "Jayavo Figueroa," aka "Nelson Manuel Ferrara," aka "Jesus Rodriguez," aka "Nelson Ferrera," aka "Robert A. Figueroa," aka "Roberto Figueroa," aka "Ramon Moreno Ramirez," aka "Moreno Ramirez Ramon," aka "John Simon Ramirez," aka "Nelson Manuel Mercedes," aka "Ramon Morenos-Ramirez," aka "Jose Rodriguez," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 11, 2002.

Attorney(s) appearing for the Case

Neil B. Checkman, New York, NY, for Defendant-Appellant Mercedes.

Marc A. Weinstein, Assistant United States Attorney, New York, NY; (Mary Jo White, United States Attorney for the Southern District of New York; Mark D. Harris, Assistant United States Attorney, on the brief), for Appellee.

Before: FEINBERG and KATZMANN, Circuit Judges, and GLEESON, District Judge.

FEINBERG, Circuit Judge.

Defendant-appellant Nelson Mercedes appeals from a judgment of conviction entered in March 2001 by the United States District Court for the Southern District of New York (Berman, J.). In December 1999, Mercedes pleaded guilty to one count of illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326(a), (b)(2). Mercedes thereafter moved to withdraw his plea...

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