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U.S. v. GARCIA-JURADO

No. 02-CR-1439.

281 F.Supp.2d 498 (2003)

UNITED STATES of America, v. Richard GARCIA-JURADO, Defendant.

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

July 27, 2003.

Attorney(s) appearing for the Case

Alphonzo Grant, United States Attorney's Office, Brooklyn, NY, for Plaintiff.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Defendant Richard Garcia-Jurado ("Garcia-Jurado") is charged in a single-count indictment with illegally reentering the United States after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and § 1326(b)(2). Garcia-Jurado now moves to dismiss the indictment pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure and the Fifth Amendment, arguing that the underlying...

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