Revuelta

ORDER ON DEFENDANT’S MOTION TO DISMISS

Now before the court is defendant Fer-mín Revuelta’s motion to dismiss counts one through three of the superseding indictment.

The superseding indictment contains five counts. The first charges that defendant was an illegal alien in possession of a gun. Counts two and three charge that defendant made false statements, regarding his alien status, in the acquisition of a gun. Defendant now seeks to dismiss those three counts, arguing that he was not an illegal alien. Defendant does not now challenge counts four and five, charging conspiracy and attempt to export firearms.

The issues have been briefed by the parties. Oral arguments were held and the motion was submitted. The court has reviewed the moving and opposing papers, supplemental briefs, the record filed in support and opposition, the parties’ arguments, and the applicable authorities. For the reasons discussed below, the court denies defendant’s motion to dismiss.

I

In November 1992 defendant entered the United States illegally from Mexico. Defendant married Maria de los Angeles Galvez in California on June 3, 1993. On July 29, 1993 defendant’s wife filed an immigrant visa petition…