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U. S. v. ASDRUBAL-HERRERA

No. 78 CR 682.

470 F.Supp. 939 (1979)

UNITED STATES of America, Plaintiff, v. David ASDRUBAL-HERRERA, Defendant.

United States District Court, N. D. Illinois, E. D.

On Reconsideration June 26, 1979.

Attorney(s) appearing for the Case

Barry L. Elden, Asst. U. S. Atty., Thomas P. Sullivan, U. S. Atty., Chicago, Ill., for plaintiff.

Richard F. Walsh, Federal Defender Program, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

CROWLEY, District Judge.

This matter comes before the Court on the defendant's motion to dismiss the indictment premised on admittedly misleading testimony given to the grand jury. The events leading up to the return of the indictment took a long time to emerge and were highly unusual.

The pleadings1 in this case disclose that some time in March, 1978, agents of the Bureau of Alcohol, Tobacco...

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