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U.S. v. HERNANDEZ-RODRIGUEZ

No. CR 3:01-CR-264-D.

170 F.Supp.2d 700 (2001)

UNITED STATES of America, Plaintiff, v. Basilio HERNANDEZ-RODRIGUEZ, Defendant.

United States District Court, N.D. Texas, Dallas Division.

November 2, 2001.

Attorney(s) appearing for the Case

Dayle Elieson, Ass't U.S. Atty, Dallas, TX, for plaintiff.

Michael P. Gibson of Burleson, Pate & Gibson, L.L.P., Dallas, TX, for defendant.

FITZWATER, District Judge.

Defendant moves to dismiss an indictment charging him with illegal reentry after deportation subsequent to a conviction for commission of an aggravated felony. The court must decide whether the application to his 1994 sexual assault conviction of amendments made in 1996 to the Immigration and Nationality Act ("INA") by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 ("IIRIRA") and the Anti-Terrorism and Effective...

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