Legal Opinion

United States v. Restrepo

District Court, D. Massachusetts

Decided July 1, 1999No. Cr 98-10377-MLWPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WOLF, District Judge.

On September 28, 1998, the defendant Jose Restrepo was arrested by the Immigration and Naturalization Service (“INS”) for having reentered the United States illegally after having been deported. On December 2, 1998, he was indicted for the same offense.

On June 9,1999, the court conducted the first of two hearings concerning Restrepo’s motion to dismiss with prejudice the indictments against him for illegal reentry by an alien in violation of 8 U.S.C. § 1326. 1 At the June 9,1999 hearing, the defendant argued that the government’s failure to indict him…

2Cases cited4 opinions

  1. United States v. Ruben Cepeda-LunaCourt of Appeals for the Ninth Circuit · 1993
  2. United States v. OsundeDistrict Court, N.D. California · 1986
  3. United States v. OkudaDistrict Court, D. Hawaii · 1987
  4. United States v. Vasquez-EscobarDistrict Court, M.D. Florida · 1998

3Cited by11 opinions

  1. United States v. Franklin De La Pena-Juarez, Also Known as Carlos Ottoniel De La Pena, United States of America v. Gamaliel Aguirre-TibraCourt of Appeals for the Fifth Circuit · 2000
  2. United States v. Fritz Noel, A.K.A. Noel FritzCourt of Appeals for the Eleventh Circuit · 2000
  3. United States v. Garcia-MartinezCourt of Appeals for the First Circuit · 2001
  4. United States v. TejadaCourt of Appeals for the First Circuit · 2001
  5. United States v. DiabateDistrict Court, D. Massachusetts · 2000

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