District Court, E.D. New York February 14, 2003, 02 CR 463(ADS) (United States v. Cottone)

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is a motion by Nicolo Cottone (“Cottone” or the “defendant”) to dismiss an indictment charging him with illegal reentry after deportation subsequent to a conviction for commission of an aggravated felony.

I. BACKGROUND

Cottone was born in Italy and emigrated to the United States in 1970 when he was 16 years old.