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UNITED STATES v. STOLON

No. CR 80-507.

555 F.Supp. 238 (1983)

UNITED STATES of America, v. Samuel STOLON, Defendant.

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

January 14, 1983.

Attorney(s) appearing for the Case

Joel Cohen, Asst. Atty.-In-Charge, Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y. and Edward A. McDonald, Atty.-In-Charge, Organized Crime Strike Force, Brooklyn, N.Y.), for plaintiff.

Gold, Farrell & Marks by Martin R. Gold, New York City, for defendant.

MEMORANDUM & ORDER

PLATT, District Judge.

Defendant moves for an order, pursuant to Rule 34 of the Federal Rules of Criminal Procedure, arresting the judgment herein as against him, "on the ground that the indictment does not state facts sufficient to constitute an offense against the United States".

Rule 34 of the Federal Rules of Criminal Procedure provides that

The court on motion of a defendant shall arrest judgment if the indictment...

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