U.S. v. CALDERON

Docket No. 03-1091.

391 F.3d 370 (2004)

UNITED STATES of America, Appellant, v. Vitalio CALDERON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 1, 2004.


Attorney(s) appearing for the Case

Scott B. Klugman, Assistant United States Attorney (Emily Berger, Assistant United States Attorney, of counsel; Roslynn Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellant.

Philip L. Weinstein, The Legal Aid Society, for Defendant-Appellee.

Before: CABRANES and PARKER, Circuit Judges, and RAKOFF, District Judge.


JOSÉ A. CABRANES, Circuit Judge.

The Government appeals from an order of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) dismissing an indictment charging Vitalio Calderon with illegally reentering the United States, in violation of 8 U.S.C. § 1326(a). In the District Court, Calderon collaterally attacked the validity of his deportation order under 8 U.S.C. § 1326(d) on the ground that he was not...

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