United States Sixth Circuit

8 U.S.C. section 1326(b) lists sentencing factors rather than a separate crime, thus a section 1326(a) indictment for illegal re-entry after deportation need not include previous aggravated felonies for the defendant to be sentenced under the provisions of section 1326(b).

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

• Before SILER, GILMAN and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Mike Whalen (argued and briefed), Knoxville, TN, for Appellant.


• For Appellees:
  
• F.M. Hamilton III (argued), Assistant United States Attorney, J. Edgar Schmutzer (briefed), Assistant United States Attorney, Knoxville, TN, for Appellee.