District Court, Virgin Islands December 1, 1995, Crim. 95-139 (United States v. Campusano)

MEMORANDUM

The United States seeks a ruling whether the defendant's prior felony conviction is an element of the offense charged in the indictment, namely, 8 U.S.C. § 1326(a) & (b)(2). The issue is whether 8 U.S.C. § 1326 (1995), the statute under which the defendant is charged, defines three separate offenses or one offense with three levels of punishment.