OPINION AND ORDER
FUSTE, District Judge.
Defendant, Confesor Meléndez, moves to dismiss the indictment against him because of an alleged violation of Fed. R.Crim.P. 5(a).
I.
On or about April 14, 1999, Immigration and Naturalization Service ("INS") officials detained Defendant for allegedly attempting to enter the United States in violation of 8 U.S.C. § 1326(a)(2)(A), (b)(2).
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