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U.S. v. HERNANDEZ-GUERRERO

Criminal No. 97-0965-R.

963 F.Supp. 933 (1997)

UNITED STATES of America, Plaintiff, v. Guadalupe HERNANDEZ-GUERRERO, Defendant.

United States District Court, S.D. California.

May 1, 1997.

Attorney(s) appearing for the Case

Laura Marran, Asst. U.S. Atty., San Diego, CA, for Plaintiff.

Benjamin L. Coleman, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT

RHOADES, District Judge.

This matter comes before the Court on Defendant Hernandez-Guerrero's Motion to Dismiss the Indictment pursuant to Fed. R.Crim.P. 12(b). Defendant Hernandez-Guerrero (hereinafter "Defendant") claims that in enacting 8 U.S.C. § 1326, Congress exceeded its constitutional authority.

For the reasons stated below, Defendant's Motion is DENIED.

I. BACKGROUND...

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