Docket No. 04-0927-CR.

394 F.3d 111 (2005)

UNITED STATES of America, Appellee, v. Kevin Eric SCOTT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 11, 2005.

Attorney(s) appearing for the Case

Joey Lipton, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, N.Y. (Emily Berger, on the brief), for Appellee.

Edward S. Zas, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant.

Before: KEARSE, McLAUGHLIN, and CALABRESI, Circuit Judges.

MCLAUGHLIN, Circuit Judge:

Kevin Eric Scott appeals from a judgment of the United States District Court for the Eastern District of New York (Sifton, J.), convicting him, after a jury trial, of illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a). This case has tracked a long, sinuous, almost Kafkaesque course.

This is the second time it has been before us. In 2003, we remanded the case for the district court to...

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