United States v. Marlin Anthony Clarke, A.K.A. Brandon Knowles, A.K.A. Brent Smith
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Following his guilty plea, Marlin Anthony Clarke was convicted of one count of illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). Clarke appeals the district court’s denial of his motion to dismiss his indictment, arguing that he was untimely prosecuted in violation of the five-year limitations period in 18 U.S.C. § 3282. After review, we conclude that Clarke was “found in” the United States, within the meaning of 8 U.S.C. § 1326(a)(2), when the Immigration and Naturalization Service (“INS”) officials, rather than state officials,…
2Cases cited15 opinions
- Toussie v. United StatesSupreme Court of the United States · 1970
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- United States v. Juan Ramon Canals-JimenezCourt of Appeals for the Eleventh Circuit · 1991
- United States v. Disantillo, Michele RomeoCourt of Appeals for the Third Circuit · 1980
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