Attorney(s) appearing for the Case
Zechariah Chafee, Esq., U.S. Attorney's Office Fleet Center, Providence, RI, for Plaintiff.
Edward C. Roy, Jr., Federal Defender's Office, Providence, RI, for Defendant.
United States District Court, D. Rhode Island.
DECISION AND ORDER
LAGUEUX, Senior District Judge.
Jose Hernandez-Ochoa ("Defendant") was indicted pursuant to 8 U.S.C. § 1326 (2004), for illegal reentry into the United States after deportation. In separate motions, Defendant seeks to dismiss the indictment on the grounds that (1) the Government has failed to establish an essential element under the statute, namely that Defendant was lawfully deported; and (2) that pursuant to the United States...
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