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  5. 854 F.Supp. 251 (1994)
 

U.S. v. NOSAIR

No. S3 93 Cr. 181 (MBM).

854 F.Supp. 251 (1994)

UNITED STATES of America, v. El-Sayyid NOSAIR, a/k/a "Abu Abdallah," a/k/a "El Sayyid Abdul Azziz," a/k/a "Victor Noel Jafry," et al., Defendants.

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

June 7, 1994.

Attorney(s) appearing for the Case

Robert S. Khuzami, Andrew C. McCarthy, Alexandra Rebay, Asst. U.S. Attys., New York City,

Roger Stavis, New York City, for defendant Nosair.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant El-Sayyid Nosair moves to dismiss Counts Five, Six, Eight, Nine and Ten of the captioned indictment, claiming that they charge crimes for which he was previously tried in state court in a prosecution he now says was "a sham and a cover for a federal prosecution," Bartkus v. Illinois, 359 U.S. 121, 124, 79 S.Ct. 676, 678, 3 L.Ed.2d 684 (1959), and therefore those counts...

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