Submitted: June 4, 2001; Filed: December 17, 2001
He was charged with illegally entering, attempting to enter, and being found in the United States after a prior deportation in violation of 8 U.S.C. § 1326(a). After a jury found him guilty, his sentence was enhanced from 18 to 84 months on the basis of his having previously committed "aggravated felonies"
Argued: November 7, 2001; Filed: December 4, 2001
Whether a brief hiatus in otherwise continuous observation of a deported alien reentering the country is sufficient to establish that the alien was free from official restraint
Argued: June 12, 2001; Filed October 10, 2001
Whether the district court erred in classifying his prior conviction as an aggravated felony when enhancing his sentence.