Murguia-Marquez

United States v. Murguia-Marquez

Good Law
700 F. Supp. 2d 1248·2010 WL 1233997·2010 U.S. Dist. LEXIS 30565
United States District Court, Southern District of CaliforniaMarch 30, 2010Case 09 CR 3687 JMCalifornia951 words

Opinion

Opinion

Miller, J.

ORDER DENYING MOTION TO DISMISS SECTION 1326 CHARGE

Doc. No.

Pending before the court is Defendant Jose Luis Murguia-Marquez’s (“Defendant”) motion to dismiss two charges against him for attempted entry after deportation, in violation of 8 U.S.C. §§ 1326 (a) and (b). (Doc. No. 10). Plaintiff United States of America (“the government”) filed an opposition. (Doc. No. 12). The court heard oral argument regarding the motion on March 19, 2010. (See Doc. No. 19).

For the following reasons, the court hereby DENIES Defendant’s motion to dismiss the section 1326 charges.

I. Background

According to the indictment, Defendant was removed from the United States subsequent to September 24, 2007. On February 22, 2009, Defendant presented himself at the Otay Mesa port of entry and claimed to be a United States citizen in violation of 8 U.S.C. § 1326 (a) and (b) (attempted entry after deportation) and 18 U.S.C. § 911 (false claim to citizenship). On July 27, 2009, Defendant presented himself at the Calexico port of entry with a fraudulent 1-551 resident alien card in violation of 8 U.S.C. § 1326 (a) and (b) (attempted entry after deportation) and 18 U.S.C. § 1546 (a) (fraud and misuse of…

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