United States v. Kevin Eric Scott

MCLAUGHLIN, Circuit Judge:

Kevin Eric Scott appeals from a judgment of the United States District Court for the Eastern District of New York (Sif-ton, J.), convicting him, after a jury trial, of illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a). This case has tracked a long, sinuous, almost Kafkaesque course.

This is the second time it has been before us. In 2003, we remanded the case for the district court to reconsider its denial of Scott’s motion to dismiss the indictment in light of United States v. Perez, 330 F.3d 97 (2d Cir.2003), which we had…