UNITED STATES v. McCULLOUGH

Crim. No. 76-413.

427 F.Supp. 246 (1977)

UNITED STATES of America v. John McCULLOUGH et al.

United States District Court, E. D. Pennsylvania.

February 15, 1977.


Attorney(s) appearing for the Case

John F. Penrose, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Robert F. Simone, Philadelphia, Pa., for John McCullough.

Herbert K. Fisher, Philadelphia, Pa., for Stephen O'Malley and David McCullough.

Jacob Kossman, Philadelphia, Pa., for Stephen Traitz.

Ronald F. Kidd, Philadelphia, Pa., for Joseph Kinkade.


MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Defendants have moved for dismissal of this indictment. They allege two grounds for the dismissal: 1) that the indictment does not charge a federal crime under the Hobbs Act, 18 U.S.C. § 1951; and 2) that their Fifth Amendment rights were violated by pre-indictment delay. For reasons stated below, this motion must be denied, but defendants may renew their claims at the close of the government's case.

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