District Court, S.D. California November 10, 2003, 02CR3303 (United States v. Saldivar-Vargas)

ORDER GRANTING MOTION FOR RECONSIDERATION, GRANTING MOTION TO DISMISS, AND DISMISSING INDICTMENT

RHOADES, District Judge.

I. Introduction

Defendant Joel Saldivar-Vargas (“Saldivar-Vargas”) is charged in a one-count indictment with being an alien found in the United States after previously being “excluded, deported and removed” in violation of 8 U.S.C. § 1326.