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U.S. v. JOHNSON

Docket No. 03-1671.

391 F.3d 67 (2004)

UNITED STATES of America, Appellee, v. Mark Anthony JOHNSON, a/k/a "Maxie Johnson," a/k/a "Brown Marvin," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 2, 2004.

Attorney(s) appearing for the Case

Steven M. Statsinger, Legal Aid Society, Federal Defender Division Appeals Bureau, New York, N.Y., for Defendant-Appellant.

Katherine A. Lemire, Assistant United States Attorney for the Southern District of New York, New York, N.Y. (Jonathan S. Kolodner, Assistant United States Attorney, and David N. Kelley, United States Attorney, on the brief) for Appellee.

Before: NEWMAN, MINER, and KATZMANN, Circuit Judges.

MINER, Circuit Judge.

Defendant-Appellant, Mark Anthony Johnson ("Johnson"), appeals from a judgment of conviction and sentence on a one-count indictment charging him with reentering the United States after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). The judgment was entered after a non-jury trial on stipulated facts in the United States District Court for the Southern District of New York (Jones, J.). Prior to trial,...

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