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UNITED STATES v. RODGERS

No. 83 CR 667.

575 F.Supp. 246 (1983)

UNITED STATES of America v. Cleveland R. RODGERS.

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

November 30, 1983.

Attorney(s) appearing for the Case

John Evon, Dept. of Justice, Chicago, Ill., for plaintiff.

James R. Holloway, Federal Defender Program, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Defendant Cleveland Rodgers ("Rodgers") was indicted for conspiracy to distribute cocaine and to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Rodgers has moved to dismiss Counts V through IX and XI1 of the indictment, which charge him with the knowing and intentional use of a communication facility (a telephone) to facilitate a conspiracy...

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