Legal Opinion

United States v. Scott

District Court, S.D. New York

Decided January 30, 2013No. 12 Cr. 154(RJS)Published

1Opinion of the Court

MEMORANDUM AND ORDER

RICHARD J. SULLIVAN, District Judge.

Defendant Lacey Scott (“Defendant”) is charged in a two-count Indictment with (1) illegally reentering the United States after committing an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(2), and (2) being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Now before the Court is Defendant’s motion to dismiss Count One of the Indictment on the ground that he could not have reentered the United States illegally because, prior to his deportation, he derived United States citizenship from his…

2Cases cited25 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Reno v. FloresSupreme Court of the United States · 1993
  3. Craig v. BorenSupreme Court of the United States · 1976
  4. Castaneda v. PartidaSupreme Court of the United States · 1977
  5. Fiallo Ex Rel. Rodriguez v. BellSupreme Court of the United States · 1977

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