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U.S. v. SOBITAN

February 25, 2004.

UNITED STATES OF AMERICA
v.
BABAJIDE SOBITAN, a.k.a. PAUL A. MAKINDE



The opinion of the court was delivered by: JOHN W. DARRAH, District Judge Page 2

OPINION AND ORDER

On October 29, 2003, the United States ("the Government") sought and obtained a superseding indictment against Defendant, Babajide Sobitan, also known as Paul A. Makinde. The indictment charged that Defendant, an alien who had been previously deported and removed from the United States on or about July 19, 1996, and whose removal was subsequent to a conviction for an aggravated felony, knowingly and intentionally attempted to enter the United States without previously obtaining the express consent of the United States' Attorney General for reapplication by the Defendant for admission into the United States, in violation of 8 U.S.C. § 1326(a)-(b)(2). On December 15, 2003, a bench trial was held.

This matter now comes before the Court following the presentation of evidence. The Court has considered the evidence, including the testimony of witnesses and exhibits, and has further considered the written arguments of counsel for the parties and the authority cited therein. For the following reasons, the Government has proven, beyond a reasonable doubt, that Defendant is guilty of violating 8 U.S.C. § 1326(a)-(b)(2). Page 3

  EVIDENTIARY OBJECTIONS

  Defendant raised objections to some of the factual statements in the Government's closing brief.

  Defendant first contends that the Government's arguments that Defendant obtained his permanent resident card fraudulently, that Defendant fraudulently used multiple identities, and that Defendant illegally entered the country on two occasions after obtaining his renewed permanent resident alien card are irrelevant and inflammatory. The Court has not drawn any such unfairly prejudicial inferences. Accordingly, Defendant's objection is denied.

  Defendant next asserts that Government Exhibits 2, 8, and 9 are irrelevant and based on facts not admitted into evidence. The motion to exclude these exhibits is denied.

  Defendant lastly asserts the Government's claims that a deported alien revokes the alien's permanent resident alien status and possession of a resident alien card does not confer status as a permanent resident alien are not supported by competent evidence in the record. However, this statement is an accurate statement of the law. Perez-Rodriguez v. INS, 3 F.3d 1074, 1078-79 (7th Cir. 1993).

  FINDINGS OF FACT

  Based on a stipulation by the parties, the Court finds the following facts have been proven beyond a reasonable doubt.

  1. Defendant Babajide Sobitan is an alien. He was born in Nigeria and is not now, and has never been, a citizen of the United States. Page 4

  2. Defendant, using the name Paul Makinde, was convicted of two aggravated felonies, conspiracy to possess with intent to distribute and to distribute heroin on October 16, 1990, and manufacturing and delivery of a controlled substance and armed violence on October 11, 1991.

  3. Defendant, using the name Paul Makinde, was deported from the United States on January 19, 1996. When he was deported on January 19, 1996, Defendant was given a copy of Government Exhibit 2 (INS Form 294, Notice of Country to Which Deportation Has Been Directed and Penalty for Reentry Without Permission); Government Exhibit 2 was read to him by an immigration official, and Defendant signed the Government's retained copy of Government Exhibit 2 with the name "Makinde."

  4. On April 29, 2003, Defendant knowingly and intentionally attempted to enter the United States at O'Hare International Airport, Chicago, Illinois, using the name Babajide Sobitan.

  The parties also stipulated that:
If called to testify at trial, Bola Aro, would testify as follows:
  That she is the sister of Defendant Babajide Sobitan. She resides in Hammond, Indiana, along with her husband Sunday Aro. She is employed as a case manager supervisor for the Community Mental Health Counseling in Chicago, Illinois. She is a United States citizen.

  That sometime hi February 2000, her brother Babajide received a notice in the mail sent to his residence in Dolton from the Immigration and Naturalization Service ("INS"). This notice advised her brother that his permanent resident alien card was due to expire, its ten year period coming to an end. He was directed to appear at the Hammond INS office to renew the resident alien card. Page 5

  In September 2000, that she accompanied her brother Babajide to the Hammond INS Office. At the office, he was both photographed and fingerprinted by the INS officers in the office.

  Sometime hi November 2000, Defendant Babajide Sobitan received in the mail his replacement ...


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