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U.S. v. ORTIZ-DIAZ

No. CR-F 94-5018 EDP.

849 F.Supp. 734 (1994)

UNITED STATES of America, Plaintiff, v. Candelaria ORTIZ-DIAZ, Defendant.

United States District Court, E.D. California.

April 18, 1994.

Attorney(s) appearing for the Case

Jonathan B. Conklin, Asst. U.S. Atty., Fresno, CA, for plaintiff.

Martin Resendez-Guajardo, San Francisco, CA, for defendant.

MEMORANDUM DECISION RE: DEFENDANT'S MOTION TO DISMISS INDICTMENT

PRICE, Senior District Judge.

BACKGROUND

Defendant Ortiz-Diaz ("Defendant") is charged with violating 8 U.S.C. § 1326 (previously deported alien found in United States). Defendant moves to dismiss the indictment on the grounds that her deportation violated due process.

A. Defendant's Criminal History

Defendant entered the U.S. in 1980 and has resided...

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