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U.S. v. DALEY

Docket No. 11-2987.

702 F.3d 96 (2012)

UNITED STATES of America, Appellee, v. Courtney DALEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 7, 2012.

Attorney(s) appearing for the Case

Yuanchung Lee , Federal Defenders of New York, Inc., New York, NY, for Appellant Courtney Daley.

Tiana A. Demas ( David C. James , on the brief), Assistant United States Attorneys, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee United States of America.

Before: JACOBS, Chief Judge, CARNEY, Circuit Judge, and GLEESON, District Judge.

DENNIS JACOBS, Chief Judge:

Defendant Courtney Daley appeals from the judgment of the United States District Court for the Eastern District of New York (Korman, J.), convicting him of illegal reentry under 8 U.S.C. § 1326, following a conditional plea. Daley moved to dismiss the indictment on the ground that he was given no notice of the 1998 removal proceedings after which a removal order was entered in absentia. The United States District Court...

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