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U.S. v. PETERS

No. 09-cr-0581 (ENV).

751 F.Supp.2d 404 (2010)

UNITED STATES of America, Plaintiff, v. Joseph Mark Delevante PETERS, Defendant.

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

October 28, 2010.

Attorney(s) appearing for the Case

Thomas M. Sullivan , United States Attorney's Office, Brooklyn, NY, for Plaintiff.

Lisa Hoyes , Federal Defenders of New York, Brooklyn, NY, for Defendant.

MEMORANDUM AND ORDER

VITALIANO, District Judge.

On August 18, 2009, defendant Joseph Mark Delevante Peters was indicted for the crime of illegal reentry into the United States subsequent to deportation for conviction of an aggravated felony. Defendant moves for dismissal of the indictment with prejudice, pursuant to Federal Rule of Criminal Procedure 12(b)(2) and the Fifth Amendment, on the ground that the...

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