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U.S. v. McHENRY

No. 1:93 CR 0084.

830 F.Supp. 1020 (1993)

UNITED STATES of America, Plaintiff, v. Ellis McHENRY, Defendant.

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

April 29, 1993.

Attorney(s) appearing for the Case

Phillip Tripi, Asst. U.S. Atty., U.S. Attorney's Office, Cleveland, OH, for plaintiff.

Debra M. Hughes and Donald N. Krosin, Asst. Federal Public Defenders, Cleveland, OH, for defendant.

MEMORANDUM OPINION

DOWD, District Judge.

The defendant has moved the Court to dismiss counts 2, 4 and 6 of the indictment as violating the double jeopardy clause of the Fifth Amendment to the United States Constitution. See Docket No. 18.

Counts 1, 3 and 5 of the indictment charged the defendant with violations of 18 U.S.C. § 2119, commonly referred to as carjacking, and which reads in relevant part as follows:

Whoever...

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