United States v. Revuelta

ORDER ON DEFENDANT’S MOTION TO DISMISS

LEGGE, District Judge.

Now before the court is defendant Fer-mín Revuelta’s motion to dismiss counts one through three of the superseding indictment.

The superseding indictment contains five counts. The first charges that defendant was an illegal alien in possession of a gun. Counts two and three charge that defendant made false statements, regarding his alien status, in the acquisition of a gun. Defendant now seeks to dismiss those three counts, arguing that he was not an illegal alien. Defendant does not now challenge counts four and five, charging…