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U.S. v. COPELAND

No. 01-CR-1453(JBW).

228 F.Supp.2d 267 (2002)

UNITED STATES of America, v. Richard COPELAND, Defendant

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

October 22, 2002.

Attorney(s) appearing for the Case

Steven H. Breslow, United States Attorney's Office, Criminal Division, Brooklyn, NY, for Plaintiff.

Michael P. Padden, The Legal Aid Society, Federal Defender Division, Brooklyn, NY, for Defendant.

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

Defendant, charged with criminal reentry into this country, moves to dismiss the indictment on the collateral grounds that his prior deportation was unlawful and so cannot be used as a predicate in this criminal case. The motion is granted because the prior deportation conflicts with the Supreme Court's decision in I.N.S. v. St. Cyr, 533 U.S. 289...

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