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U.S. v. MONTEZ-GAVIRIA

Docket 97-1682.

163 F.3d 697 (1998)

UNITED STATES of America, Appellee, v. Alberto MONTEZ-GAVIRIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 14, 1998.

Attorney(s) appearing for the Case

Jonathan Etra, Assistant United States Attorney (Robert E. Rice, Assistant United States Attorney, of counsel, and Mary Jo White, United States Attorney, on the brief), for Appellee.

Philip L. Weinstein, Legal Aid Society, New York, New York, for Defendant-Appellant.

Before: CARDAMONE, CALABRESI, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge:

Defendant-appellant Alberto Montez-Gaviria was convicted in the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) of illegally entering the country after having been deported. Before his federal conviction and after being sentenced to conditional discharge on an unrelated state crime, he was confined for eight months in a state jail—on an INS detainer—while awaiting transfer to...

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