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UNITED STATES v. LOPEZ

Crim. No. L-80-10.

484 F.Supp. 212 (1980)

UNITED STATES of America v. Emma F. LOPEZ.

United States District Court, S. D. Texas, Laredo Division.

February 15, 1980.

Attorney(s) appearing for the Case

Emilio "Chito" Davila, Jr., Asst. U. S. Atty., Laredo, Tex., for plaintiff.

J. G. Hornberger, Jr., Laredo, Tex., for defendant.

ORDER

KAZEN, District Judge.

The Defendant, Emma F. Lopez, was indicted for conspiracy to procure a certificate of American citizenship for a person not entitled to one as well as the underlying substantive offense. 18 U.S.C. §§ 371, 1425 (1976). The Defendant has moved to dismiss the indictment apparently on the ground that the document which forms the basis of the indictment, namely, a Texas birth certificate, is not a "certificate or evidence...

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