Court of Appeals for the Seventh Circuit August 9, 2007, 06-2802 (United States v. Are)

SYKES, Circuit Judge.

The sole issue in this appeal is the timeliness of an indictment for the crime of being “found in” the United States after deportation.

See

8 U.S.C. § 1326(a)(2). Adewunmi Are, a Nigerian national, was convicted in 1995 of drug smuggling and in 1996 was deported. He attempted an illegal reentry in May 1998 but was caught at the airport and immediately sent back to Nigeria.