UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 98-4070
DIMAS ALFREDO REYES-GUTIERREZ,
a/k/a Alfredo Victor Colon-Santos,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
T. S. Ellis, III, District Judge.
(CR-97-351)
Submitted: October 6, 1998
Decided: October 29, 1998
Before ERVIN, WILKINS, and MOTZ, Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
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COUNSEL
Joseph J. McCarthy, DELANEY, MCCARTHY, COLTON &
BOTZIN, P.C., Alexandria, Virginia, for Appellant. Helen F. Fahey,
United States Attorney, Lisa E. Perkins, Special Assistant United
States Attorney, Alexandria, Virginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Dimas Alfredo Reyes-Gutierrez appeals his conviction of one
count of illegal entry after deportation in violation of 8 U.S.C.A.
§ 1326(a) (West 1970 & Supp. 1998). We affirm.
Reyes-Gutierrez contends that this court should reverse his convic-
tion because the Immigration and Naturalization Service bond issued
to him on December 11, 1996, after he illegally re-entered the United
States following his second deportation in July 1994, constitutes the
express consent of the Attorney General to his presence in the United
States and bars his prosecution under 8 U.S.C.A.§ 1326(a). This con-
tention is without merit.
A previously deported alien such as Reyes-Gutierrez who re-enters
the United States is criminally liable under 8 U.S.C.A. § 1326(a)
unless: (1) prior to his reembarkation at a place outside the United
States or his application for admission from foreign contiguous terri-
tory, the Attorney General has expressly consented to such alien's
reapplying for admission; or (2) with respect to an alien previously
denied admission or removed, unless such alien shall establish that he
was not required to obtain such advance consent under this chapter or
any prior Act. See 8 U.S.C.A. § 1326(a)(2)(A), (a)(2)(B) (West 1970
& Supp. 1998).
Contrary to Reyes-Gutierrez's contention, we find that the plain
language of the statute requires that a deported alien obtain permis-
sion from the Attorney General to re-enter prior to re-entry and not
after he has illegally crossed the border. The standard $10,000 bond
issued to Reyes-Gutierrez following a drug conviction and pending
completion of yet another round of deportation proceedings does not
qualify as advance permission by the Attorney General to re-enter the
United States. Moreover, Reyes-Gutierrez has not alleged that he was
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not required to obtain advance consent because of another provision
of immigration law.
Accordingly, we affirm Reyes-Gutierrez's conviction. We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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