United States v. Morales-Landa

ORDER DENYING DEFENDANT’S MOTION TO DISMISS THE INDICTMENT

BARRY TED MOSKOWITZ, Chief Judge.

Defendant Javier Morales-Landa has filed a motion to dismiss the indictment. For the reasons set forth herein, the Court DENIES the motion.

I. BACKGROUND

Defendant Javier Morales-Landa (“Defendant”) is a citizen of Mexico without legal status in the United States. On March 22, 2010, he was charged with attempted sexual abuse of a child in violation of Utah Code section 76-5-102.1. (Gov.Ex. 2.) On the same day, he pled guilty to attempted sexual abuse of a child, a felony in the third degree. (Gov.Ex. 3,…