Legal Opinion
United States v. Cole
Court of Appeals for the Second Circuit
Decided July 21, 1994No. 1323, Docket 93-1653,PublishedCited by 21 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
This case presents an issue of first impression in this court: whether 8 U.S.C. § 1326(b)(1) constitutes a separate criminal offense from § 1326(a) or whether it is a sentence-enhancement provision. Section 1326 prohibits the reentry of deported aliens into the United States. Subsection (a) establishes a two-year statutory maximum. For aliens who were deported after a felony conviction, subsection (b)(1) increases the maximum to five years; for aliens deported after an aggravated-felony conviction, subsection (b)(2) increases the maximum to fifteen years.
If…
2Cases cited10 opinions
- United States v. ForbesCourt of Appeals for the First Circuit · 1994
- United States v. Alan E. Harwood, Also Known as Expresso, and Frederick W. McKeeCourt of Appeals for the Second Circuit · 1993
- United States v. Kevin WhiteCourt of Appeals for the Second Circuit · 1992
- United States v. Jose Gonzalez-Medina, United States of America v. Oscar A. Jaquez-Velasquez, United States of America v. Ricardo Reyes-CarrilloCourt of Appeals for the Ninth Circuit · 1992
- United States v. Carlos Campos-Martinez AKA Carlos Martinez-CamposCourt of Appeals for the Ninth Circuit · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. Bentley Washington Westcott, Also Known as Barrington Glen MorrisonCourt of Appeals for the Second Circuit · 1998
- United States v. Michael ReeseCourt of Appeals for the Sixth Circuit · 1995
- United States v. Palacios-CasqueteCourt of Appeals for the Eleventh Circuit · 1995
- United States v. Jesus Rhadames Deleon-Rodriguez, Jesus Rhadames Deleon-RodriguezCourt of Appeals for the Third Circuit · 1995
16 more not listed; retrieve them via the Exa API.