OPINION AND ORDER
SESSIONS, District Judge.
Defendant Antonino Leto, an Italian citizen, is charged with being found in the United States following a previous felony conviction and deportation, a violation of 8 U.S.C. § 1326(b)(2). Leto has moved to dismiss the indictment on the grounds that the Government will be unable to prove that he was "found in" the United States. For the reasons that follow, Leto's motion to dismiss (paper 13) is granted.
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