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UNITED STATES v. SIMMONS

Crim. No. 86-80413-01.

650 F.Supp. 967 (1987)

UNITED STATES of America, Plaintiff, v. William SIMMONS, Defendant.

United States District Court, E.D. Michigan, S.D.

January 9, 1987.

Attorney(s) appearing for the Case

Mark A. Miller, Asst. U.S. Atty., Detroit, Mich., for plaintiff.

Leroy T. Soles, Rita C. Martin, Detroit, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

WOODS, District Judge.

Defendant William Simmons has challenged the sufficiency of the Government's service by mail of a notice that it intended to seek an enhanced sentence against him as a "dangerous special offender" (DSO). The Court finds that the Government failed to give defendant actual notice of its intention to proceed against him as a DSO. Accordingly, defendant's motion to dismiss the proceeding is GRANTED.

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