U.S. v. GARAY-BURGOS

No. CR-96-489-PHX-ROS.

961 F.Supp. 1321 (1997)

UNITED STATES of America, Plaintiff, v. Arturo GARAY-BURGOS, Defendant.

United States District Court, D. Arizona.

April 15, 1997.


Attorney(s) appearing for the Case

Jon M. Sands, Federal Public Defender's Office, Phoenix, AZ, for Arturo Garay-Burgos.

Stanley Levis Patchell, Vincent Quill Kirby, Kevin M. Rapp, U.S. Attorney's Office, Phoenix, AZ, for U.S.


ORDER

SILVER, District Judge.

The Defendant asks this Court to dismiss the indictment against him for the charge of re-entry after deportation on the grounds that his prior deportation was obtained in violation of the double jeopardy clause of the Fifth Amendment to the United States Constitution.

BACKGROUND

The Defendant has been charged with the crime of illegal re-entry after deportation under 8 U.S.C. §§ 1326(b)(1)...

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