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U.S. v. SMITH

Crim. No. 90-00071-R.

759 F.Supp. 304 (1991)

UNITED STATES of America, v. James Edward SMITH, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

February 20, 1991.

Attorney(s) appearing for the Case

Roscoe C. Howard, Asst. U.S. Atty., Richmond, Va., for plaintiff.

Brian Gettings, Frank W. Dunham, Jr., and Stewart T. Leeth, Cohen, Gettings, Alper and Dunham, Arlington, Va., for defendant.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

This matter is before the Court on Defendant James Edward Smith's ("Smith") motion to Dismiss Count I of the indictment and for a further hearing under Kastigar. For the reasons discussed below, the Court will GRANT the motion to DISMISS Count I with respect to James Edward Smith, and will DENY the motion for additional hearings under Kastigar.

I. FACTUAL BACKGROUND

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