United States v. Vieira-Candelario

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

The government charged Aurelio Vieira-Candelario with violating 8 U.S.C. § 1326— unlawful reentry into the United States after a prior order of deportation without first seeking the permission of the Attor*118ney General of the United States.1 The defendant filed two motions with the Court asking for essentially the same relief: a motion to quash the indictment and a motion to dismiss. Both motions collaterally attack the deportation order upon which the charge and indictment are premised. For the reasons discussed below, both motions are denied.

I