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U.S. v. BRADY

Crim. A. No. 87-00129-L(CS).

680 F.Supp. 245 (1988)

UNITED STATES of America, Plaintiff, v. James Wilbur BRADY, Edgar R. Porter, Defendants.

United States District Court, W.D. Kentucky, Louisville Division.

March 7, 1988.

Attorney(s) appearing for the Case

A. Duane Schwartz, Asst. U.S. Atty., Louisville, Ky., for U.S.

Frank E. Haddad, Jr., Louisville, Ky., for defendant, James Wilbur Brady.

Elmer George, Lebanon, Ky., for defendant, Edgar R. Porter, a/k/a Randy Porter.

MEMORANDUM OPINION AND ORDER

SIMPSON, District Judge.

This matter is before the Court on motion of the defendants, Edgar R. Porter and James Wilbur Brady, to declare 21 U.S.C. § 841(b)(1)(A) unconstitutional. The Court believes that the citation is in error. The defendants are charged with trafficking in marijuana. Both the defendants and the United States refer to a quantity in excess of fifty (50) kilograms of marijuana. Neither subsection (A) nor...

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