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U.S. v. PEREZ

No. 02-1517.

330 F.3d 97 (2003)

UNITED STATES of America, Appellant, v. Segundo Dejesus PEREZ, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 15, 2003.

Attorney(s) appearing for the Case

Steven M. Statsinger The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, New York, for Appellee.

Emily Berger Assistant United States Attorney, Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, and Peter A. Norling and Catherine W.H. So, Assistant United States Attorneys, on brief), Brooklyn, New York, for Appellant.

Before: VAN GRAAFEILAND, F.I. PARKER, SOTOMAYOR, Circuit Judges.

F.I. PARKER, Circuit Judge.

The United States appeals from an order entered on July 29, 2002, in the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge), dismissing an indictment filed against Segundo DeJesus Perez on the basis that the underlying deportation order was unlawful. The indictment charged Perez with illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(2).

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