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U.S. v. SALDIVAR-VARGAS

No. 02CR3303.

273 F.Supp.2d 1130 (2003)

UNITED STATES of America, Plaintiff, v. Joel SALDIVAR-VARGAS, Defendant.

United States District Court, S.D. California.

July 7, 2003.

Attorney(s) appearing for the Case

Orlando Gutierrez, Assistant United States Attorney, San Diego, CA, for Plaintiff.

Gary P. Burcham, San Diego, CA, for Defendant.

ORDER DENYING MOTION TO DISMISS INDICTMENT

RHOADES, District Judge.

I. Introduction

Defendant Joel Saldivar-Vargas ("defendant") is charged in a one-count indictment with being an alien found in the United States after previously being "excluded, deported and removed" in violation of 8 U.S.C. § 1326. Defendant moves to dismiss the indictment on the ground that his prior removal proceeding may not be used to demonstrate that he was previously...

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