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U.S. v. MORGAN

No. 03-1151.

380 F.3d 698 (2004)

UNITED STATES of America, Appellee, v. Wayne L. MORGAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 19, 2004.

Attorney(s) appearing for the Case

Deirdre A. McEvoy, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Andrew J. Ceresney, Assistant United States Attorney, on the brief), New York, N.Y., for appellee.

Norman Trabulus, Garden City, N.Y., for defendant-appellant.

Before: WALKER, Chief Judge, LEVAL and CABRANES, Circuit Judges.

LEVAL, Circuit Judge.

Wayne Morgan appeals from his conviction for being an alien found in the United States without permission after deportation, in violation of 8 U.S.C. § 1326. Morgan was found guilty in a bench trial conducted by the United States District Court for the Southern District of New York (Griesa, J.). Morgan contends his prosecution was time-barred because more than five years had passed between October 24, 1991, the date on which he was...

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