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U.S. v. SALDIVAR-VARGAS

No. 02CR3303.

290 F.Supp.2d 1210 (2003)

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

United States District Court, S.D. California.

November 10, 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 GRANTING MOTION FOR RECONSIDERATION, GRANTING MOTION TO DISMISS, AND DISMISSING INDICTMENT

RHOADES, District Judge.

I. Introduction

Defendant Joel Saldivar-Vargas ("Saldivar-Vargas") 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. Saldivar-Vargas moved to dismiss the indictment on the ground that his prior removal...

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