Rodriguez-Vasquez
United States v. Rodriguez-Vasquez
Opinion
Lead Opinion
Illston, J.
ORDER DENYING MOTION TO DISMISS INDICTMENT
On October 18, 2013, the Court heard argument on a motion to dismiss the indictment brought by defendant Carlos Roberto Rodriguez-Vasquez. The defendant seeks to dismiss the indictment on the grounds that his prior deportation violated due process, and therefore cannot serve as a predicate deportation in this case. Having considered the arguments of counsel and the papers submitted, the Court DENIES the defendant’s motion.
BACKGROUND
On May 21, 2013, the defendant, Carlos Roberto Rodriguez-Vasquez, was charged *1150 in a single-count indictment with illegal reentry after deportation in violation of 8 United States Code § 1326 . Indictment. The defendant is a Honduran citizen who initially came to the United States in 1995. Declaration of Jodi Linker in Support of Defendant’s Motion to Dismiss Indictment (“Linker Decl.”) Ex. A. In 2008, the defendant was convicted of several drug charges and sentenced to four years in state prison. Linker Decl. Ex. B. On January 27, 2011, while still serving his prison term, the defendant was interviewed by an immigration officer. Id. The defendant admitted that he was in the United States illegally.…