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U.S. v. GOMEZ-RODRIGUEZ

No. CR 94-0479 MHP.

878 F.Supp. 157 (1995)

UNITED STATES of America, Plaintiff, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant.

United States District Court, N.D. California.

February 23, 1995.

Attorney(s) appearing for the Case

Nandor Vadas, Asst. U.S. Atty., San Francisco, CA, for plaintiff.

George J. Cotsirilos, Jr., Cotsirilos & Campisano, San Francisco, CA, for defendant.

OPINION

PATEL, District Judge.

Defendant Hector Rene Gomez-Rodriguez is charged by indictment with illegal reentry into the United States after deportation and conviction for an aggravated felony in violation of 8 U.S.C. § 1326(b)(2). Now before the court is defendant's motion to dismiss the indictment on the grounds that his prior conviction is not an aggravated felony within the meaning of 8 U.S.C. §§ 1326 & 1101(a)(43).

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