United States v. Lewis

17-3888 United States v. Lewis UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 16th day of May, two thousand nineteen. Present: ROBERT A. KATZMANN, Chief Judge, DEBRA ANN LIVINGSTON, CHRISTOPHER F. DRONEY, Circuit Judges. _____________________________________ UNITED STATES OF AMERICA, Appellee, v. No. 17-3888 LEON IRA LEWIS, AKA MARK CARTER, Defendant-Appellant. ____________________________________ For Appellant: COLLEEN P. CASSIDY, Federal Defenders of New York, Inc. Appeals Bureau, New York, NY. For Appellee: KAITLIN T. FARRELL, David C. James, Assistant United States Attorneys, for Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brooklyn, NY. 1 Appeal from a judgment of the United States District Court for the Eastern District of New York (Amon, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the lower court are AFFIRMED. Defendant-appellant Leon Lewis appeals from a judgment of conviction entered on November 22, 2017 by the United States District Court for the Eastern District of New York (Amon, J.). Following trial, Lewis was convicted of illegally reentering the United States after deportation following conviction of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. I. Facts and Procedural History Lewis was born out of wedlock in Guyana in 1964 and legally entered the United States in the early 1980s. In late 1995, Lewis was convicted of conspiracy to distribute cocaine base and to import cocaine. He served 140 months in prison and was deported to Guyana upon his release. In August 2016, Lewis was again arrested in the United States and charged with illegal reentry. In February 2017, Lewis filed a motion to adjourn the trial date, informing the court that he planned to argue that he acquired citizenship from his father and asking for more time to investigate this defense.1 1 “Acquired” citizenship is automatically obtained from a parent at birth while “derivative” citizenship is transmitted from parent to child after the child is born. Jaen v. Sessions, 899 F.3d 182, 186 (2d Cir. 2018). 2 The law in effect at the time of a person’s birth governs that person’s claim of acquired citizenship. See Sessions v. ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals