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U.S. v. CASTRO

No. 1:06-cr-00376-ENV-MDG-ALL.

472 F.Supp.2d 321 (2007)

UNITED STATES of America, Plaintiff, v. Francisco Jose CASTRO, Defendant.

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

January 17, 2007.

Attorney(s) appearing for the Case

Jacqueline L. Spratt, United States Attorney's Office, E.D.N.Y., Brooklyn, NY, for the United States.

Justine A. Harris, Federal Defenders of New York, Brooklyn, NY, for Defendant Francisco Jose Castro.

OPINION AND ORDER

VITALIANO, District Judge.

On June 8, 2006, defendant Francisco Jose Castro was indicted under 8 U.S.C. §§ 1326(a) and 1326(b)(2) for the crime of illegal reentry into the United States subsequent to deportation for an aggravated felony. By motion dated August 4, 2006, defendant seeks to dismiss this indictment under Federal Rule of Criminal Procedure 12(b)(2) and the Fifth Amendment on the ground that his prior deportation...

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