U.S. v. DELEON

No. 04-1592.

444 F.3d 41 (2006)

UNITED STATES of America, Appellee, v. Dario DELEON, a/k/a Rafael Garcia, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 7, 2006.


Attorney(s) appearing for the Case

Roberto M. Braceras, with whom Christine M. Genaitis and Goodwin Procter LLP were on brief, for appellant.

Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.


LYNCH, Circuit Judge.

It is a crime for an alien to re-enter the country after he has been deported, unless he has the express permission of the Attorney General of the United States (or unless such permission is unnecessary in his case for other reasons). 8 U.S.C. § 1326(a). The usual sentence for the crime is a term in prison, followed by deportation.

Somewhat unusually in the criminal law, there is an exception provided by statute, id. §...

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