United States v. El Shami

Vacated in part and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge NIEMEYER joined. Judge WIDENER wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge.

Essam Helmi El Shami (“El Shami” or the “defendant”) appeals his conviction for unlawful reentry of a deported alien under 8 U.S.C. § 1326(a) and (b)(2).1 Although a jury also convicted El Shami of one count of social security fraud and one count of credit card fraud, he does not appeal these convictions. El Shami argues that this court should vacate his illegal reentry after deportation conviction…