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U.S. v. GOMEZ-HERNANDEZ

No. 10-cr-768 (ADS).

777 F.Supp.2d 464 (2011)

UNITED STATES of America, v. Julio Alfredo GOMEZ-HERNANDEZ, Defendant.

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

April 18, 2011.

Attorney(s) appearing for the Case

Loretta E. Lynch , United States Attorney for the Eastern District of New York, by Assistant United States Attorney John J. Durham , Central Islip, NY, for the Government.

Federal Defenders of New York, Inc., by Assistant Federal Defender Tracey E. Gaffey , Central Islip, NY, for the defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The defendant Julio Alfredo Gomez-Hernandez moves to dismiss a single count indictment against him for illegal re-entry, on the basis that the predicate for this offense—Gomez-Hernandez's removal from the United States in 1997—was unlawful. For the reasons that follow, the defendant's motion is denied.

I. BACKGROUND

In 1971...

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