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U.S. v. EL SHAMI

No. 04-4662.

434 F.3d 659 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Essam Helmi EL SHAMI, a/k/a Essam Hamed Elshami, a/k/a Sam Helmi, a/k/a Helmy Asam, a/k/a Shamy Asam, a/k/a Sam Helmy Shamy, a/k/a El Shami Essam, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 2005.

Attorney(s) appearing for the Case

ARGUED: Frances Hemsley Pratt, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Charles Everett James, Jr., Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Michael S. Nachmanoff, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Vacated in part and remanded by published opinion. Judge Gregory wrote the majority opinion, in which Judge Niemeyer joined. Judge WIDENER wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge.

Essam Helmi El Shami ("El Shami" or the "defendant") appeals his conviction for unlawful reentry of a deported alien under 8 U.S.C. § 1326(a) and (b)(2).1 Although a jury also convicted El Shami of one count of social...

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