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United States First Circuit


US v. Luna, 05-1122

Denial of a motion to dismiss an indictment for illegal reentry is affirmed where defendant failed to establish prejudice for purposes of a statutory provision defining the circumstances under which a defendant charged with illegal reentry after deportation may collaterally attack the validity of a removal order.

Appellate Information

  • Decided 02/09/2006
  • Published 02/09/2006

Judges

  • LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and CARTER, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Edward C. Roy, Assistant Federal Public Defender, for appellant.

  • For Appellees:
  • Robert Clark Corrente, United States Attorney, with whom Donald C. Lockhart and Luis M. Matos, Assistant United States Attorneys, were on brief, for appellee.
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