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U.S. v. MULLINGS

Docket No. 02-1642.

330 F.3d 123 (2003)

UNITED STATES of America, Appellee, v. Radcliffe E. MULLINGS, also known as Radcliff Mullings, also known as Elliston Mullings, also known as Ronald Mullings, also known as Richardo Scott, also known as Patrick Sutherland, also known as Nyron Sutherland, also known as Kevin Williams, also known as Owen Campbell, also known as Bigload Mullings, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 23, 2003.

Attorney(s) appearing for the Case

Thomas G. Dennis, Federal Defender, Hartford, CT, for the appellant.

Kevin J. O'Connor, United States Attorney for the District of Connecticut (Jeffrey A. Meyer, Assistant United States Attorney, on the brief; Zachary C. Richter, law student intern, on the brief and appearing to present oral argument), New Haven, CT, for the appellee.

Before: McLAUGHLIN, LEVAL, and SOTOMAYOR, Circuit Judges.

PER CURIAM.

In 1998, appellant Radcliffe E. Mullings was convicted in state court of selling marijuana and was sentenced to pay a $2,500 fine. In 1999, he was deported as a result of this conviction. After returning to the United States, he was indicted by a grand jury on January 17, 2002, for violating 8 U.S.C. § 1326(a), which makes it a crime to return to the United States without the permission of the Attorney General after having been deported. On May 1...

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