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U.S. v. VARGAS

CR. No. 06-111 S.

479 F.Supp.2d 252 (2007)

UNITED STATES of America, Plaintiff, v. Manuel Ramon VARGAS, a/k/a Elvis Santiago, Defendant.

United States District Court, D. Rhode Island.

February 26, 2007.

Attorney(s) appearing for the Case

Zechariah Chafee, U.S. Attorney's Office, Providence, RI, for Plaintiff.

Mark B. Laroche, Providence, RI, for Defendant.

MEMORANDUM AND ORDER

SMITH, District Judge.

The matter before the Court is the motion of Defendant Manuel Ramon Vargas ("Vargas") to dismiss his indictment pursuant to 8 U.S.C. § 1326(d). According to the indictment, Vargas, who previously had been deported, reentered the United States in violation of 8 U.S.C. §§ 1326(a), (b)(2). The Court held an evidentiary hearing at defense counsel's request on February 16, 2006, and took the matter...

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