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U.S. v. LOPEZ

Docket No. 03-1476-CR.

445 F.3d 90 (2006)

UNITED STATES of America, Appellee, v. Jermi Francisco LOPEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2006.

Attorney(s) appearing for the Case

Matthew L. Guadagno, Bretz & Coven, LLP, (Kerry William Bretz and Jules E. Coven, on the brief), New York, New York, for Defendant-Appellant.

Colleen Kavanaugh, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Barbara D. Underwood and Emily Berger, Assistant United States Attorneys, of counsel), Brooklyn, New York, for Appellee.

Before: SACK, SOTOMAYOR and RAGGI, Circuit Judges.

Judge RAGGI dissents in part in a separate opinion.

SOTOMAYOR, Circuit Judge.

Defendant Jermi Francisco Lopez appeals from an August 5, 2003 judgment of the United States District Court for the Eastern District of New York (Johnson, J.) convicting him, upon his conditional plea of guilty, of illegally reentering the United States in violation of 8 U.S.C. § 1326(a) and (b)(2). We hold that erroneous statements by the Immigration Judge ("IJ") and the Board...

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