United States v. Ortega-Arrieta

MEMORANDUM, DECISION and ORDER

DAVID N. HURD, United States District Judge

I. INTRODUCTION

On May 25, 2017, defendant Felipe Gregorio Ortega-Arrieta (“Ortega-Arrie-ta” or “defendant”) was charged in a one count indictment with illegal reentry after a felony conviction in violation of 8 U.S.C. § 1326. See Indictment, ECF No. 5. On July 11, 2017, defendant moved to dismiss the indictment. See Motion, ECF No. 10. The government opposes the motion and defendant has replied. See ECF Nos. 11 & 12. Oral argument was held on August 18, 2017 in Utica, New York.

II. FACTUAL BACKGROUND

Immigration…