MOTION TO DISMISS INDICTMENT OPINION
GERRY, District Judge.
Defendant Angelo Lippi has moved to dismiss this indictment against him on the grounds of prosecutorial misconduct asserting that the felony charges contained in it were brought in retaliation for his refusal to waive his right to a trial before a district judge under an earlier misdemeanor complaint filed with a U. S. Magistrate. The parties agreed to a resolution of the issue upon affidavits of...
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