Court of Appeals for the Sixth Circuit July 25, 2003, 03-5149 (United States v. Alfonso Martinez-Rocha)

OPINION

GILMAN, Circuit Judge.

A federal grand jury indicted Alfonso Martinez-Rocha in May of 2002 on one count of unlawfully reentering the United States after having been deported. Martinez-Rocha moved to dismiss the indictment on the ground that the prior order of deportation was predicated on the legal error that his 1999 driving-under-the-influence (DUI) conviction was an “aggravated felony.