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U.S. v. CLINTON

No. 09 Cr. 262 (LAP).

653 F.Supp.2d 446 (2009)

UNITED STATES of America, v. Carol CLINTON, Defendant.

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

September 3, 2009.

Attorney(s) appearing for the Case

Jennifer Eileen Burns, U.S. Attorney's Office, New York, NY for Plaintiff.

Sabrina P. Shroff, Federal Defenders of New York Inc., New York, NY, for Defendant.

MEMORANDUM and ORDER

LORETTA A. PRESKA, Chief Judge:

The Defendant, Carol Clinton, is charged in a one-count indictment with illegally reentering the United States subsequent to deportation in violation of 8 U.S.C. § 1326 ("section 1326"). Defendant now moves to dismiss the indictment on the ground that he was illegally deported after a fundamentally unfair proceeding that deprived him of administrative and judicial review in violation of the...

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