Does Section 1326(b) create a criminal offence separate from the criminal offence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Westcott, 159 F.3d 107 (2nd Cir. 1998):
2 Section 1326(b) does not create a criminal offense separate from 1326(a); it is a sentence enhancement provision. See United States v. Cole, 32 F.3d 16, 18 (2d Cir.), cert. denied, 513 U.S. 993, 115 S.Ct. 497, 130 L.Ed.2d 407 (1994).
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