MEMORANDUM & ORDER
GORTON, District Judge.
On April 6, 2011, an Indictment was returned against Jose Eduardo Martinez charging him with one count of Illegally Reentering the United States as a Deported Alien in violation of 8 U.S.C. § 1326. The government alleges that Martinez was removed from the United States on October 12, 1999, and was found back in the United States without the express consent of the Attorney General on March 28, 2011.
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