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UNITED STATES v. SANTOS-PORTILLO

No. 20-4159.

997 F.3d 159 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Marcio SANTOS-PORTILLO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 7, 2021.

Attorney(s) appearing for the Case

ARGUED: James Edward Todd, Jr. , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenville, North Carolina, for Appellant. Thomas Ernest Booth , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, Eric Brignac , Chief Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Brian C. Rabbitt , Acting Assistant Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert J. Higdon, Jr. , United States Attorney, Jennifer May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Agee joined. Judge Floyd wrote a dissenting opinion.

Appellant Santos-Portillo unlawfully entered the United States after a prior deportation resulting from a felony conviction. Federal officials arrested him with probable cause but without securing the administrative arrest warrant required by 8 U.S.C. § 1357(a). That arrest produced the evidence that led to Santos...

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