Whether the Double Jeopardy Clause prohibits a second prosecution for the crime of illegally reentry, specifically, the "found in" offense under 8 U.S.C. § 1326(a), where the government fails to show that, after the first prosecution of the defendant for being found in the United States, the defendant was removed from the country and later reentered the country illegally.

Whether the Double Jeopardy Clause prohibits a second prosecution for illegal reentry under 8 U.S.C. § 1326(a) where the government fails to prove the defendant was removed and subsequently reentered the country