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UNITED STATES v. AGILAR

No. 85 Cr. 223 (RWS).

612 F.Supp. 889 (1985)

UNITED STATES of America v. Anthony AGILAR and Edwin Jimenez, Defendants.

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

June 26, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for U.S.; Peter M. Lieb, Asst. U.S. Atty., New York City, of counsel.

Louis Aidala, New York City, for defendant Anthony Agilar.

OPINION

SWEET, District Judge.

Defendant Anthony Agilar ("Agilar") moved to dismiss Count Two of an indictment which charges him with violation of 21 U.S.C. § 845(a), which provides for enhanced penalties upon conviction of selling narcotics within one thousand feet of a public or private elementary or secondary school. For the reasons set forth below, Agilar's motion is denied.

Prior Proceedings

Agilar and co-defendant Edwin Jimenez...

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