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U.S. v. FALCON

Nos. 02-3905, 02-3906.

347 F.3d 1000 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rufino FALCON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Dean R. Lanter (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

H. Jay Stevens (argued), Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

PER CURIAM.

Rufino Falcon entered the country illegally and has previously been deported twice. In May 2002, he was convicted by a jury of drug crimes and his sentence included an enhancement for his leadership role in the enterprise. In July 2002, he pled guilty to an illegal reentry charge brought in a separate complaint, after the district court denied his motion to dismiss for vindictive prosecution without conducting...

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