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UNITED STATES v. MARCELLO

No. Cr. EJD-81-720.

537 F.Supp. 402 (1982)

UNITED STATES of America, Plaintiff, v. Carlos MARCELLO, Samuel Orlando Sciortino, and Phillip Rizzuto, Defendants.

United States District Court, C. D. California.

May 4, 1982.

Attorney(s) appearing for the Case

Andrea Sheridan Ordin, U. S. Atty., James D. Henderson, Bruce J. Kelton, Los Angeles Strike Force, Dept. of Justice, Los Angeles, Cal., for U. S.

Arthur A. Lemann, III, and Provino C. Mosca, New Orleans, La., for defendant Marcello.

Richard Caballero, Beverly Hills, Cal., for defendant Sciortino.

Thomas R. Dyson, Jr., Washington, D. C., for defendant Rizzuto.

AMENDED

MEMORANDUM & ORDER DENYING MOTION TO DISMISS FOR GOVERNMENT OVERREACHING

DEVITTSenior District Judge.

Defendants have moved to dismiss the indictment due to government overreaching. This motion was made prior to the trial; ruling was deferred until after trial. See Fed.R.Crim.P. 12(e); United States v. Kaplan, 554 F.2d 958, 970, n.7 (9th Cir. 1977), cert. denied sub nom. Vogt v. United...

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