United States Fourth Circuit

Defendant's conviction for entering the U.S. after being deported for an aggravated felony is affirmed, where the statute of limitations for the offense had not expired, because federal immigration authorities were not aware that Defendant was in the U.S. at the time Defendant alleged that the statute began to run.

Appellate Information

• Argued 10/30/2008
• Decided 03/04/2009
• Published 03/04/2009

Judges

• Before GREGORY and DUNCAN, Circuit Judges, and RICHARD D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Steven Slawinski, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.