United States First Circuit

Conviction and sentence for illegal re-entry is affirmed where: 1) defendant cannot challenge deportation order since he waived administrative appeal; 2) the statute of limitations had not run; 3) defendant waived argument that jury must determine conviction beyond a reasonable doubt; 4) Booker challenge is moot; and 5) transcript delay caused no prejudice.

Appellate Information

• Decided 04/07/2006
• Published 04/07/2006

Judges

• LYNCH, Circuit Judge., Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Roberto M. Braceras, with whom Christine M. Genaitis and Goodwin Procter LLP were on brief, for appellant.


• For Appellees:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.