United States v. Alejandro Bustos De La Pava

Judge SACK concurs in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

Defendant Alejandro Bustos De La Pava appeals from a judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge) convicting him, following his plea of guilty, of illegally reentering the United States after having been deported subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(b)(2). On appeal, De La Pava argues that (1) the indictment to which he pleaded guilty was *160defective because it did not contain an element of his offense-namely,…