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UNITED STATES v. WARNER

Cr. No. C2-84-51.

595 F.Supp. 595 (1984)

UNITED STATES of America, Plaintiff, v. John D. WARNER and Frances Warner, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

September 27, 1984.

Attorney(s) appearing for the Case

Rodney S. Webb, U.S. Atty., Fargo, N.D., for plaintiff.

David C. Thompson, Fargo, N.D., Amy M. Silberberg, Judd Golden, American Civil Liberties Union, Denver, Colo., for defendants.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Defendants John and Frances Warner have moved to dismiss the indictment against them in the above-entitled case. Defendants have also filed a motion to compel discovery.

I. MOTIONS TO DISMISS

The indictment charges Defendants with distribution and possession with intent to distribute peyote, a Schedule I, nonnarcotic controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C....

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