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U.S. v. GILL

Docket No. 12-2207-cr.

748 F.3d 491 (2014)

UNITED STATES of America, Appellee, v. Ricardo Alvin GILL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 7, 2014.

Attorney(s) appearing for the Case

Joseph J. Karaszewski , Assistant United States Attorney, for William J. Hochul , United States Attorney, Western District of New York, Buffalo, NY, for Appellee.

Michael J. Stachowski , Buffalo, NY, for Defendant-Appellant.

Before: KATZMANN, Chief Judge, WINTER, and CALABRESI, Circuit Judges.

KATZMANN, Chief Judge:

This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the Supreme Court's ruling in Vartelas v. Holder, ___ U.S. ___, 132 S.Ct. 1479, 182 L.Ed.2d 473 (2012), requires...

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