United States v. Dennis Llewellyn Tappin
Court of Appeals for the Second Circuit
1Opinion of the Court
Judge OAKES dissents in a separate opinion.
JOSÉ A. CABRANES, Circuit Judge:
Defendant Dennis Llewellyn Tappin appeals from a judgment of the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge), convicting him, following a guilty plea, of illegal reentry into the United States after having been deported following conviction of an aggravated felony, in violation of 8 U.S.C. § 1326, and sentencing him principally to forty-one months’ imprisonment. On appeal, Tappin argues that the District Court erred in concluding, based on an application note to the…
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