United States Seventh Circuit

In a prosecution of defendant for illegal re-entry after being deported in violation of 8 U.S.C. section 1326(a), claiming that a 1994 order of deportation could not serve as the basis for the underlying offense as it was entered in absentia, district court's denial of defendant's motion to dismiss the indictment is affirmed as defendant cannot establish any of the elements required by section 1326.

Appellate Information

• Argued 04/06/2010
• Decided 06/08/2010
• Published 06/08/2010

Judges

• KANNE, Circuit Judge., Before KANNE, ROVNER, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Toi Denise Houston, Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Kerry C. Connor, Attorney, Indiana Federal Community Defenders, Inc., Hammond, IN, for Defendant-Appellant.