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UNITED STATES v. HODGE

No. 82 Cr. 0603 (EW).

556 F.Supp. 139 (1983)

UNITED STATES of America v. Melvin Augustus HODGE, Defendant.

United States District Court, S.D. New York.

February 1, 1983.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for United States of America; Peter B. Sobol, Asst. U.S. Atty., New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant; Frank H. Wohl and Alan L. Doochin, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The defendant, Melvin Augustus Hodge, moves to dismiss the indictment against him on the ground that his ability to defend has been "severely prejudiced" by the government's delay in obtaining the indictment, thereby depriving him of his right to a fundamentally fair trial. The motion is based upon the Speedy Trial provision of the Sixth Amendment, the Due Process clause of the Fifth Amendment, and Fed.R. Crim.P....

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