Gonzalez-Ruiz

United States v. Gonzalez-Ruiz

Good Law
369 F. Supp. 2d 1151·2005 WL 1160648·2005 U.S. Dist. LEXIS 13271
United States District Court, Northern District of CaliforniaMay 17, 2005CR 05 0046MHPCalifornia3,380 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Defendant’s Motion to Dismiss

On January 25, 2005, a grand jury indicted defendant Tomas Gonzalez-Ruiz on a single count of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326 . Now before the court is defendant’s motion to dismiss that indictment. Having considered the parties’ arguments and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

The instant criminal action arises from a grand jury indictment charging defendant with a single count of illegal reentry into the United States by an alien who has been previously denied admission, excluded, deported, or removed from the United States. See 8 U.S.C. § 1326 (a). In response to a motion filed by defendant, the government has also filed a bill of particulars alleging that defendant has been deported to Mexico on seven occasions during the period from January 1990 to June 2000. On March 28, 2005, defendant moved to dismiss the sole count charged in the indictment. That motion is now before the court.

LEGAL STANDARD

Under Rule 12(b) of the Federal Rules of Criminal Procedure, a party may file a motion to dismiss based on…

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