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U.S. v. GOMEZ-GOMEZ

Nos. 10-3283, 10-4264.

643 F.3d 463 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Rigoberto GOMEZ-GOMEZ, aka Aleo Gomez, aka Felix A. Mercado Baez, aka Jhony Ventura, aka Chapa, aka Choppa, Defendant-Appellant. In re Rigoberto Gomez-Gomez, aka Aleo Gomez, aka Felix A. Mercado Baez, aka Jhony Ventura, aka Chapa, aka Choppa, Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2011.

Rehearing and Rehearing En Banc Denied June 6, 2011.

Attorney(s) appearing for the Case

ARGUED: E. Dennis Muchnicki , Dublin, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: E. Dennis Muchnicki , Dublin, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, Robyn Jones Hahnert , Kevin W. Kelley , Assistant United States Attorneys, Columbus, Ohio, for Appellee. Marquette D. Evans , Evans Law Office, Cincinnati, Ohio, for Amicus Curiae.

Before: MARTIN, SILER, and ROGERS, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

In December 2009, the United States charged Defendant-Appellant Rigoberto Gomez-Gomez, a Mexican citizen, in a superseding indictment with drug trafficking, money laundering, and operating a continuing criminal enterprise. Gomez-Gomez claimed to be a juvenile and moved to dismiss the indictment on the grounds that he had not been brought before the district court pursuant to the provisions of the Juvenile Delinquency...

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