United States v. Disantillo, Michele Romeo

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented in this appeal from sentence and conviction under 8 U.S.C. § 1326, 1 which prohibits the reentry of an alien who has been arrested and de ported, is whether the statute of limitations had run prior to return of the indictment. The government contends that DiSantillo was “arrested and deported” in 1962 when he was sixteen years of age and that he subsequently entered the United States as an immigrant on March 23, 1970, with a visa issued by the American Consul General in Naples, Italy. He was interviewed by agents of the…