District Court, D. Vermont June 4, 1997, No. CR. 2:96-962-01 (United States v. Leto)

OPINION AND ORDER

SESSIONS, District Judge.

Defendant Antonino Leto, an Italian citizen, is charged with being found in the United States following a previous felony conviction and deportation, a violation of 8 U.S.C. § 1326(b)(2). Leto has moved to dismiss the indictment on the grounds that the Government will be unable to prove that he was “found in” the United States.