U.S. v. RECINOS-GALLEGOS

Criminal No. S 99-0056, Civil No. S 01-1936.

151 F.Supp.2d 659 (2001)

UNITED STATES of America v. Carlos RECINOS-GALLEGOS Carlos Recinos-Gallegos v. United States of America

United States District Court, D. Maryland.

July 3, 2001.


Attorney(s) appearing for the Case

Carlos Recinos-Gallegos, Milan, MN, pro se.

Lynne A. Battaglia, United States Attorney, Joseph L. Evans, Assistant United States Attorney, Baltimore, MD, for United States.


MEMORANDUM OPINION

SMALKIN, District Judge.

Convicted, on his plea of guilty, of the offense of unlawful re-entry, 8 U.S.C. section 1326, the defendant has filed a motion for post-conviction relief, contending that equal protection is violated by the sentencing disparities between aliens and American citizens resulting from the fact that the former are subject to INS removal detainers, while the latter are not, which allegedly makes the aliens ineligible...

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