ORDER GRANTING DEFENDANT'S MOTION TO DISMISS INDICTMENT
J. DANIEL BREEN, District Judge.
On November 17, 2008, a federal grand jury indicted Defendant, Andres Garcia-Moreno, on one count of violating 8 U.S.C. § 1326(a) and (b). The Defendant moves to dismiss this indictment under Rule 12, Federal Rules of Civil Procedure, arguing that his prosecution is prohibited by the five-year statute of limitations and the Double Jeopardy Clause of the United States...
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