United States Second Circuit

An indictment for violation of 8 USC 1326(b)(2), illegally reentering the United States after having been deported, need not allege that the defendant was an "alien" as an element of the crime since only aliens can be deported.

Appellate Information

• Argued 07/13/2001
• Decided 10/15/2001
• Published 10/16/2001

Judges

• Before CABRANES, POOLER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Moira E. Casey, Douglaston, NY, for Appellant.


• For Appellees:
  
• Roberto Finzi, Assistant United States Attorney (Elliott B. Jacobson, Assistant United States Attorney, of counsel;  Mary Jo White, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.