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  5. 751 F.Supp. 761 (1990)
 

U.S. v. PADILLA

Nos. 90 CR 629-2, 90 CR 629-3.

751 F.Supp. 761 (1990)

UNITED STATES v. PADILLA, et al.

United States District Court, N.D. Illinois, E.D.

December 3, 1990.

Attorney(s) appearing for the Case

Fred Foreman, U.S. Atty. by David A. Glockner, Asst. U.S. Atty., Chicago, Ill., for plaintiff.

William H. Theis, Chicago, Ill., for defendant Candelario Gutierrez.

Sheldon Nagelberg, Chicago, Ill., for defendant Jose Medina.

ORDER

BUA, District Judge.

Defendants Candelario Gutierrez and Jose Medina are charged in a superseding indictment with distributing cocaine, possessing cocaine with the intent to distribute, and conspiring to commit such acts. In Count III of the indictment, defendants are also charged with use of a firearm in the commission of a drug offense in violation of 18 U.S.C. § 924(c). Defendants move to dismiss the firearm charge on the grounds that Count...

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