U.S. v. Romero-Tamayo, No. 98-CR-154A (W.D.N.Y.) (40 F.Supp.2d 142) (February 26, 1999) (Judge Richard J. Arcara)
The government and the defendant argued that the 20-year maximum in § 1326(b)(2) could not be applied here because the defendant was only charged in the information with violating § 1326(a). Thus, according to the parties, only the two-year statutory maximum in § 1326(a) can be applied. The Court rersponded: ...
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