United States v. Melendez

OPINION AND ORDER

FUSTE, District Judge.

Defendant, Confesor Meléndez, moves to dismiss the indictment against him because of an alleged violation of Fed. R.Crim.P. 5(a).

I

On or about April 14, 1999, Immigration and Naturalization Service (“INS”) officials detained Defendant for allegedly attempting to enter the United States in violation of' 8 U.S.C. § 1326(a)(2)(A), (b)(2). 1 The day of Defendant’s detention, Special (Border) Patrol Agent Martin Santiago interviewed Defendant. Defendant informed Agent Santiago that he was a national of the Dominican Republic. An immigration' check revealed…