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U.S. v. ARE

No. 06-2802.

498 F.3d 460 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Adewunmi ARE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 2007.

Attorney(s) appearing for the Case

Christopher P. Hotaling (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.

Gabriel B. Plotkin (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.

Before KANNE, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

The sole issue in this appeal is the timeliness of an indictment for the crime of being "found in" the United States after deportation. See 8 U.S.C. § 1326(a)(2). Adewunmi Are, a Nigerian national, was convicted in 1995 of drug smuggling and in 1996 was deported. He attempted an illegal reentry in May 1998 but was caught at the airport and immediately sent back to Nigeria. He tried again in September 1998 and this time succeeded....

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