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UNITED STATES v. FERRUGIA

No. 84 CR 624.

604 F.Supp. 668 (1985)

UNITED STATES of America, Plaintiff, v. Angelo FERRUGIA, Defendant.

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

March 13, 1985.

Attorney(s) appearing for the Case

Raymond J. Dearie, U.S. Atty., E.D.N.Y., Edward A. McDonald, Attorney-In-Charge, U.S. Dept. of Justice, Organized Crime Strike Force, E.D.N.Y., Brooklyn, N.Y., for plaintiff.

Slotnick & Cutler, P.C., New York City, for defendant; Bruce Cutler, Mark M. Baker, New York City, of counsel.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendant has moved to dismiss a one-count indictment. Fed.R.Crim.P. 12(b). The indictment charges him with violating 18 U.S.C. § 1513, in that he willfully and knowingly spit in the face of Assistant United States Attorney ("AUSA") Douglas Behm, and threatened to cause him bodily injury, in retaliation for Mr. Behm's attendance at the testimony in the trial of United States of America v. Angelo Ferrugia...

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