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U.S. v. GOMEZ

No. 94-1228.

38 F.3d 1031 (1994)

UNITED STATES of America, Appellee, v. Javier Dario GOMEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1994.

Rehearing Denied November 29, 1994.

Attorney(s) appearing for the Case

Robert J. Lohr, Clayton, MO, argued, for appellant.

Suzanne Modlin, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.

Before McMILLIAN and MAGILL, Circuit Judges, and BOGUE, Senior District Judge.

MAGILL, Circuit Judge.

Javier Dario Gomez appeals the district court's1 denial of his motion to dismiss an indictment under 8 U.S.C. § 1326(b)(2), arguing that the district court erred in denying his motion because the five-year statute of limitations had expired before the indictment was obtained. Because we disagree with Gomez's interpretation of "found in" as used in § 1326(a)(2)...

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