ORDER
BRIONES, District Judge.
On this day, the Court considered Defendant Bernardino Sotelo-Mendoza's "Motion to Dismiss the Indictment," filed in the above-captioned cause on October 18, 2002. The Government filed a Response on October 23, 2002, to which Defendant filed a Reply on November 6, 2002.
On July 24, 2002, Defendant was indicted pursuant to 8 U.S.C. § 1326(a)(1) and (b)(2).
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