Frutos-Lopez
United States v. Frutos-Lopez
Opinion
Opinion
Collins, J.
ORDER DENYING DEFENDANT RICARDO SERVANDO FRUTOS-LOPEZ’S MOTION TO DISMISS INDICTMENT
Pending before this Court is Defendant Ricardo Servando Frutos-Lopez’s (“Defendant”) Motion to Dismiss Indictment (“Motion”), filed on September 2, 2008. The Government filed an Opposition on September 15, 2008. Defendant filed a Reply on Friday, September 19, 2008. The Motion came on for hearing on Monday, September 22, 2008. However, because the Court had not received the Reply before the hearing, the Court heard a brief oral argument from Defendant and adjourned the hearing in order to consider the Reply. After consideration of the materials submitted by the parties, argument of counsel and the case file, Defendant’s Motion is DENIED for the reasons indicated below.
I. FACTUAL AND PROCEDURAL HISTORY
The facts material to this Motion are undisputed. In 1999, Defendant Ricardo Servando Frutos-Lopez, an alien, was convicted of second degree robbery, an “aggravated felony” under 8 U.S.C. § 1101 (a)(43)(F), and sentenced to a three-year term of imprisonment. Subsequently, Defendant was placed in removal proceedings by the Immigration and Naturalization Service. At Defendant’s removal hearing, the…