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U.S. v. MARTE

No. 02-16722.

356 F.3d 1336 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto Antonio MARTE, a.k.a. Martes Rosa, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 13, 2004.

Attorney(s) appearing for the Case

Beatriz Galbe Bronis, Asst. Federal Public Defender, Kathleen M. Williams and Ricardo Javier Bascuas, Federal Public Defenders, Miami, FL, for Defendant-Appellant.

Laura Thomas Rivero, Anne R. Schultz, Kathleen M. Salyer, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and MILLS, District Judge.

CARNES, Circuit Judge:

Roberto Antonio Marte appeals his conviction under 8 U.S.C. § 1326 for attempted illegal reentry into the United States following deportation. His principal contention on appeal is that 8 C.F.R. § 212.2 either authorized his conduct or rendered § 1326 unconstitutionally vague. Marte also raises contentions about the district court's granting of two government motions in limine and about the sufficiency of the evidence to convict...

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