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U.S. v. FERMIN-RODRIGUEZ

No. 97 CR. 386 (KMW).

5 F.Supp.2d 157 (1998)

UNITED STATES of America, v. Osvaldo FERMIN-RODRIGUEZ, Defendant.

United States District Court, S.D. New York.

April 2, 1998.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., David Greenwald, Asst. U.S. Atty., New York City, for Plaintiff.

John Byrnes, Legal Aid Society, New York City, for Defendant.

OPINION and ORDER

KIMBA M. WOOD, District Judge.

Defendant Osvaldo Fermin-Rodriguez ("Fermin") is charged with illegally reentering the United States subsequent to a deportation for an aggravated felony in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2).1 Defendant moves to dismiss the Indictment against him, as a matter of law, on the ground that the Government cannot establish...

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