United States Third Circuit

A violation of 8 U.S.C. section 1326 requires only that an alien return illegally to the United States, and be subsequently discovered here. It is not significant that an alien is incarcerated when "found" in the US under section 1326.

Appellate Information

• Argued 01/22/2003
• Decided 05/08/2003
• Published 05/08/2003

Judges

• Before BECKER, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Karen S. Gerlach, (Argued), Renee Pietropaolo, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Bonnie R. Schlueter, (Argued), Shaun E. Sweeney, Office of United States Attorney, Pittsburgh, PA, for Appellee.