MEMORANDUM-DECISION AND ORDER1
LAWRENCE E. KAHN, District Judge.
Defendant Fekrie Berihum Ayalew ("Defendant" or "Ayalew") is accused of re-entry of a previously removed and deported alien in violation of 8 U.S.C. § 1326(a)(1) and (b)(2) and misdemeanor illegal re-entry in violation of 8 U.S.C. § 1325(a)(1). Superseding Indictment (Dkt. No. 12). On April 24 and 29, 2008, an evidentiary hearing was held...
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