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U.S. v. GONZALEZ-ROQUE

Docket No. 01-1509.

301 F.3d 39 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Coperquin GONZALEZ-ROQUE, also known as Manuel Ledesma, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 20, 2002.

Attorney(s) appearing for the Case

Neil M. Barofsky, Assistant United States Attorney (Meir Feder, of counsel, for Mary Jo White, United States Attorney for the Southern District of New York), New York, NY, for Plaintiff-Appellant.

Philip L. Weinstein, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellee.

Before: McLAUGHLIN, CALABRESI, and B.D. PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

The Government appeals the dismissal of an indictment charging Coperquin Gonzalez-Roque with illegal reentry into the United States following deportation for an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). Gonzalez-Roque moved to dismiss the indictment on the grounds that procedural errors in the underlying deportation proceedings violated due process. The District Court (Robert W. Sweet, Judge...

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