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U.S. v. HOFFER

No. S.87 Cr. 773 (CMM).

683 F.Supp. 448 (1988)

UNITED STATES of America, v. Joseph HOFFER, Defendant.

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

April 21, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for S.D. N.Y., New York City, for U.S.; Daniel A. Nardello, Asst. U.S. Atty., of counsel.

Caesar D. Cirigliano, Legal Aid Soc., Federal Defender Services Unit, New York City, for defendant; Paul Davison, of counsel.

METZNER, Senior District Judge:

Defendant moves to strike Count 2 of the superseding indictment which charges him with having robbed an agent of the Drug Enforcement Administration (DEA) of property belonging to the United States. 28 U.S.C. § 2112. He urges that the government is engaged in vindictive prosecution.

Defendant was originally indicted on a single count of having assaulted with a dangerous weapon an officer of the DEA. The maximum sentence...

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