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U.S. v. MARTINEZ-BAEZ

No. 2013-1074-RBC.

928 F.Supp.2d 291 (2013)

UNITED STATES of America, v. Enrique MARTINEZ-BAEZ, (True Name: Amaurys Aybar-Aybar).

United States District Court, D. Massachusetts.

March 1, 2013.

Attorney(s) appearing for the Case

Page Kelley, Federal Public Defender Office, Boston, MA, for Enrique Martinez-Baez.

Thomas E. Kanwit, United States Attorney's Office, Boston, MA, for United States of America.

MEMORANDUM AND ORDER

COLLINGS, United States Magistrate Judge.

The case came on for a preliminary hearing pursuant to Rule 5.1(a), Fed. R.Civ.P. The issue is whether on the facts, there is probable cause to believe that the defendant made a false claim of United States citizenship in violation of 18 U.S.C. § 911.

The facts are undisputed. On January 24, 2013, Homeland Security Investigations Special Agents ("agents") executed a federal...

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