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U.S. v. VIERNES

Cr. No. 89-01676 DAE-03.

763 F.Supp. 1068 (1991)

UNITED STATES of America, Plaintiff, v. Oscar Purisima VIERNES, Defendant.

United States District Court, D. Hawaii.

April 18, 1991.

Attorney(s) appearing for the Case

Daniel A. Bent by Michael K. Kawahara, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff.

Peter Wolff, Honolulu, Hawaii, for Oscar Purisima Viernes.

MEMORANDUM AND ORDER

PENCE, District Judge.

I. Introduction

This matter is before the court on defendant Oscar Purisima Viernes' ("Viernes") Motion to Dismiss Indictment ("Motion to Dismiss") for failure to charge a criminal offense. The premise underlying his motion is that methamphetamine, which defendant is charged with importing, distributing and possessing, is not a controlled substance.

II. Background

The Indictment...

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