United States Second Circuit

Conviction for illegal reentry into the U.S. as a convicted felon in violation of 8 U.S.C. section 1326(b)(2) is affirmed over claim of error that the charge should have been vacated because defendant had established the requisite showing for United States citizenship under 8 U.S.C. section 1403 based on the fact that his biological father was a U.S. citizen and a member of the Army Reserves at the time of defendant's birth in Panama.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

Court

• United States Second Circuit

Counsel