UNITED STATES v. TANA

No. 85 Cr. 608 (GLG).

618 F.Supp. 1393 (1985)

UNITED STATES of America v. Ronald Dominic TANA, Defendant.

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

October 7, 1985.


Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for plaintiff; William B. Pollard, Asst. U.S. Atty., of counsel.

Fischetti, Feigus & Pomerantz, New York City, for defendant; Ronald P. Fischetti, Mark F. Pomerantz, Warren L. Feldman, of counsel.


OPINION

GOETTEL, District Judge:

The defendant, Ronald Tana ("Tana"), moves to dismiss his indictment, pursuant to Fed.R.Civ.P. 12(b)(2), for failure to allege conduct constituting a crime. For the reasons stated below, the motion is granted.

For purposes of this motion, the factual allegations of the indictment are accepted as true. United States v. Napolitano, 552 F.Supp. 465...

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