US v. FERNANDEZ-ANTONIA, 01-1030
Where the district court correctly held that the defendant-s removal proceeding was not prejudiced by any procedural inadequacies, defendant could not make a successful collateral attack on the use of his prior removal as an element of his subsequent criminal offense.
- Argued 10/17/2001
- Decided 01/29/2002
- Published 01/30/2002
MESKILL, Circuit Judge:, Before: MESKILL and JACOBS, Circuit Judges, and LYNCH, District Judge.
United States Second Circuit
Henry E. Mazurek, Jr., New York City (Kramer Levin Naftalis & Frankel, New York City, of counsel), for Appellant.
Harry Sandick, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Jamie L. Kogan, Assistant United States Attorney, Southern District of New York, New York City, of counsel), for Appellee.