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UNITED STATES v. LUGO

Cr. A. No. 65-CR-153.

269 F.Supp. 757 (1967)

UNITED STATES of America, Plaintiff, v. Luis D. LUGO, Cirilo Ortiz, and Hector Mercado, Defendants.

United States District Court E. D. Wisconsin.

June 27, 1967.

Attorney(s) appearing for the Case

Ted Warshafsky, Milwaukee, Wis., for Luis D. Lugo.

Andrew Reneau, Milwaukee, Wis., for Cirilo Ortiz.

Louis W. Staudenmaier, Jr., Milwaukee, Wis., for Hector Mercado.

DECISION ON MOTION

MYRON L. GORDON, District Judge.

The defendant Mercado has moved to dismiss the indictment against him on the grounds that the indictment is defective because it joins him with two other defendants but does not disclose facts necessary to make joinder proper under Rule 8(b).

Rule 8(b) provides in part as follows:

"Two or more defendants may be charged in the same indictment or information if they are alleged to have participated...

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