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U.S. v. FITZGERALD

No. CR-87-20060-WAI.

676 F.Supp. 949 (1987)

UNITED STATES of America, Plaintiff, v. Russell Tyrone FITZGERALD, Defendant.

United States District Court, N.D. California.

September 24, 1987.

Attorney(s) appearing for the Case

Marcia J. Allmand, Asst. U.S. Atty., San Jose, Cal., for plaintiff.

Daniel F. Cook, Asst. Federal Public Defender, San Jose, Cal., for defendant.

ORDER

INGRAM, District Judge.

The defendant's motion to dismiss counts two and three of the indictment came on regularly for hearing on August 10, 1987. Upon consideration of the papers submitted and argument of counsel, it is HEREBY ORDERED that the motion to dismiss is DENIED.

I. Introduction

The defendant Russell Tyrone Fitzgerald was indicted on June 9, 1987 on one count of assault with a dangerous weapon with the specific intent...

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