Lopez-Menera

United States v. Lopez-Menera

Good Law
542 F. Supp. 2d 1025·2008 WL 413736·2008 U.S. Dist. LEXIS 14751
United States District Court, Northern District of CaliforniaFebruary 13, 2008C 07-653 SICalifornia2,575 words

Opinion

Opinion

Illston, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS INDICTMENT

On December 20, 2007, the Court held a hearing on defendant’s motion to dismiss the indictment. After careful consideration of the parties’ arguments and the record in this case, the Court GRANTS defendant’s motion for the reasons set forth below.

BACKGROUND

On November 8, 2007, a grand jury filed a superseding indictment against defendant Abel Lopez-Menera, alleging that he illegally reentered the United States after deportation in violation of 8 U.S.C. § 1326 . Defendant first entered the United States illegally in 1989, and was deported in 1998.

As background to the 1998 deportation, defendant was convicted in 1993 of driving under the influence in violation of California Vehicle Code § 23152(b). In 1997, defendant was convicted of driving under the influence with priors, and received a two year state prison sentence. On December 22, 1997, while defendant was in prison, the INS issued a warrant for his arrest because he was in this country illegally. Falk Deck, Ex. C. The same day, the INS issued a final administrative removal order against defendant requiring his removal from the United States. Id.

The Final Removal…

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