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U.S. v. YIAN

No. 94 Cr. 719 (DLC).

905 F.Supp. 160 (1995)

UNITED STATES of America, v. Chen De YIAN and Wang Kun Lue, Defendants.

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

November 1, 1995.

Attorney(s) appearing for the Case

Andrew Schapiro, Federal Defenders Services Unit, Legal Aid Society, New York City, for defendant.

Tai Park, Assistant United States Attorney, Mary Jo White, United States Attorney, Criminal Division, New York City, for U.S.

OPINION

COTE, District Judge:

In this motion to dismiss Counts Three, Four, Five, and Six of the Superseding Indictment, defendants Chen De Yian and Wang Kun Lue1 challenge the constitutionality of 18 U.S.C.A. § 1203 (West Supp.1995) (hereinafter the "Hostage Taking Act" or "Act") and 18 U.S.C.A. § 924(c) (West Supp. 1995). The Court assumes familiarity with the facts...

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