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UNITED STATES v. HOBBS

Crim. No. 74-129-T.

392 F.Supp. 444 (1975)

The UNITED STATES v. Harry M. HOBBS et al.

United States District Court, D. Massachusetts.

February 26, 1975.

Attorney(s) appearing for the Case

Charles E. Chase, Boston, Mass., for the United States.

Norman Zalkind, Eric Blumenson, Boston, Mass., for Bialy.

William P. Homans, Jr., Boston, Mass., for Hobbs.

James M. Pool, Boston, Mass., for Byrne.

James J. Doherty, Boston, Mass., for Villa.

MEMORANDUM AND ORDER

TAURO, District Judge.

Defendants are charged in a two count indictment with conspiracy to distribute cocaine and with possession with intent to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846; 18 U.S.C. § 2. They have filed motions to dismiss on grounds that count 2 of the indictment is duplicitous; that the statute, 21 U.S.C. § 841(a)(1), penalizes a state of mind; and that the...

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