United States v. Francisco Lainez-Leiva, Also Known as Roberto Cisnero, Oscar Gonzalez and Jose Rodolfo Moreno-Martinez

On or about October 24, 1994, Francisco Lainez-Leiva, also known as Roberto Cisnero, Oscar Gonzalez, and Jose Rodolfo Moreno-Martinez, a citizen of El Salvador who had previously been convicted of a felony and deported, was found to be in the United States unlawfully without the express consent of the Attorney General, in violation of 8 U.S.C. § 1326(a)(B)(1). On April 17, 1996, a federal grand jury in Albany returned a one-count indictment charging Lainez-Leiva with that offense, and Magistrate Judge Ralph W. Smith signed a warrant for Lainez-Leiva’s arrest.

On January 17, 1997, some 270 days…