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U.S. v. GOMEZ-HERNANDEZ

No. 10-cr-768 (ADS).

777 F.Supp.2d 464 (2011)

UNITED STATES of America, v. Julio Alfredo GOMEZ-HERNANDEZ, Defendant.

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

April 18, 2011.

Attorney(s) appearing for the Case

Loretta E. Lynch, United States Attorney for the Eastern District of New York, by Assistant United States Attorney John J. Durham, Central Islip, NY, for the Government.

Federal Defenders of New York, Inc., by Assistant Federal Defender Tracey E. Gaffey, Central Islip, NY, for the defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The defendant Julio Alfredo Gomez-Hernandez moves to dismiss a single count indictment against him for illegal re-entry, on the basis that the predicate for this offense—Gomez-Hernandez's removal from the United States in 1997—was unlawful. For the reasons that follow, the defendant's motion is denied.

I. BACKGROUND

In 1971...

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