United States v. Segura-Virgen

Robert E. Payne, Senior United States District Judge

This matter is before the Court on DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (the "Motion") (ECF No. 11) which, for the following reasons, will be denied.

BACKGROUND

I. Procedural Context

Rodolfo Segura-Virgen ("Segura")1 was charged in a one-count indictment with violating 8 U.S.C. § 1326(a) and (b) (2) by re-entering the country after having been removed. ECF No. 1. On February 22, 2019, Segura filed the Motion. ECF No. 11. The parties fully briefed the Motion, and, on April 9 and 10, 2019, the Court received evidence and heard oral…