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U.S. v. GARCIA-SANTANA

No. 3:12-cr-00023-RCJ-VPC-1.

UNITED STATES OF AMERICA, Plaintiff, v. XOCHITL GARCIA-SANTANA, Defendant.

United States District Court, D. Nevada.

May 11, 2012.

Attorney(s) appearing for the Case

Xochitl Garcia-Santana, Defendant (1), represented by Lauren D Gorman , Federal Public Defender.

USA, Plaintiff, represented by Brian L Sullivan , U.S. Attorney's Office.

ORDER

ROBERT C. JONES, District Judge.

Defendant Xochitl Garcia-Santana has been indicted for a single count of Illegal Reentry After Deportation, 8 U.S.C. § 1326(d). Defendant has moved to dismiss the indictment based upon a due process violation in the underlying deportation proceedings. For the reasons given herein, the Court denies the motion.

I. LEGAL STANDARDS

"A defendant charged with illegal reentry under 8 U.S.C. § 1326...

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