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U.S. v. STELLA

No. 90 Cr. 95 (CSH).

745 F.Supp. 195 (1990)

UNITED STATES of America v. Joseph J. STELLA, Fred C. Stella, Roger C. Capozzi, Sr. a/k/a "Roy Conway," and Joseph A. Pontarelli, Defendants.

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

September 19, 1990.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., Jess Fardella, Asst. U.S. Atty., New York City, for U.S.

Nathaniel H. Ackerman, New York City, for defendant Joseph J. Stella.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant Joseph A. Pontarelli has moved to dismiss Counts Ten and Eleven of the indictment in the above captioned case on the grounds that the government failed to obtain the indictment before the applicable statute of limitations period had expired. Those counts allege violations of 26 U.S.C. §§ 7206(1) and 7201 respectively. For the reasons discussed below, this motion is denied.

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