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U.S. v. GONZALEZ-ROQUE

No. 01 CR. 419 RWS.

165 F.Supp.2d 577 (2001)

UNITED STATES of America, v. Coperquin GONZALEZ-ROQUE, a/k/a "Manuel Ledesma," Defendant.

United States District Court, S.D. New York.

September 25, 2001.

Attorney(s) appearing for the Case

Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York, By Neil M. Barofsky, Assistant U.S. Attorney, Of Counsel.

The Legal Aid Society, Federal Defender Division, New York, By Jennifer Brown, Esq., Of Counsel, for Defendant.

OPINION

SWEET, District Judge.

The defendant Coperquin Gonzalez-Roque ("Gonzalez-Roque") has moved pursuant to Rule 12, Fed.R.Crim.P. to dismiss the indictment filed against him charging him with a violation of Title 8, U.S.C. § 1326 for illegal entry after deportation on the grounds that the government cannot prove an essential element of the offense, namely, a valid deportation order, because the order entered violated due process and was fundamentally...

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