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U.S. v. CLARKE

No. 02-13405 Non-Argument Calendar.

312 F.3d 1343 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Marlin Anthony CLARKE, a.k.a. Brandon Knowles, a.k.a. Brent Smith, et al., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 22, 2002.

Attorney(s) appearing for the Case

Chet Kaufman, Randolph P. Murrell and William Rourk Clark, Jr., Fed. Pub. Defenders, Tallahassee, FL, for Defendant-Appellant.

Terry Flynn, Bruce Lowe, Tallahassee, FL, Pamela A. Moine, Asst. U.S. Atty., Pensacola, FL, for Plaintiff-Appellee.

Before DUBINA, HULL and MARCUS, Circuit Judges.

PER CURIAM:

Following his guilty plea, Marlin Anthony Clarke was convicted of one count of illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). Clarke appeals the district court's denial of his motion to dismiss his indictment, arguing that he was untimely prosecuted in violation of the five-year limitations period in 18 U.S.C. § 3282. After review, we conclude that Clarke was "found in" the United States...

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