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UNITED STATES v. SIMMONS

Crim. A. No. 3:84-00027.

610 F.Supp. 295 (1984)

UNITED STATES of America, Plaintiff, v. David Allen SIMMONS, et al., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

On Motion To Suppress March 23, 1984.

On Motion To Sever March 27, 1984.

Memorandum Of Ruling March 27, 1984.

On Posttrial Motion For Acquittal April 18, 1984.

On Motion To Enter Order Re Conspiracy May 1, 1984.

Attorney(s) appearing for the Case

Derry Harper, Asst. U.S. Atty., Nashville, Tenn., for plaintiff.

Donald Dawson, Asst. Federal Public Defender, and Larry Woods, Nashville, Tenn., for defendants.

ORDER

NEESE, Senior District Judge, Sitting by Designation and Assignment.

"* * * To justify a continuance for the purpose of locating a witness, the moving party must show that the witness would have given substantial favorable evidence and that he [or she] was available and willing to testify. * * *" United States v. Boyd, 620 F.2d 129, 132[8] (6th Cir.1980), cert. den. 449 U.S. 855, 101 S.Ct. 151, 66 L.Ed...

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