U.S. v. DICKS

No. 02-14835.

338 F.3d 1256 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Everald Kevin DICKS, a.k.a. Lascelles Alexander Hall, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Decided: July 23, 2003.


Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, Miami, FL, Nelson Marks, Asst. Federal Public Defender, Fort Lauderdale, FL, for Defendant-Appellant.

Robert B. Cornell, Anne R. Schultz, Lisa A. Hirsch, Miami, FL, for Plaintiff-Appellee.

Before BLACK, CARNES and WILSON, Circuit Judges.


PER CURIAM:

Appellant Everald Kevin Dicks appeals his conviction and 63-month sentence for illegally re-entering the United States after having been previously deported, in violation of 8 U.S.C. § 1326(a), (b)(2). At trial, Appellant sought to argue the defense of necessity, also known as justification. Appellant, who suffers from the AIDS virus, claimed he was receiving ineffective treatment for AIDS in Jamaica and, because he was "near dead at the time," he...

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