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U.S. v. YATES

Criminal Action No. 95-72.

914 F.Supp. 152 (1995)

UNITED STATES of America, Plaintiff, v. Don Billy YATES, Jr., Defendant.

United States District Court, E.D. Kentucky, Lexington.

December 13, 1995.

Attorney(s) appearing for the Case

R. Burl McCoy, McCoy, Baker & West, Lexington, KY, for defendant.

Thomas L. Self, U.S. Attorney's Office, Lexington, KY, for U.S.

OPINION AND ORDER

FORESTER, District Judge.

This matter is before the Court upon the motion of the defendant, Don Billy Yates, to dismiss. This matter has been fully briefed and is ripe for review.

I. FACTS

Yates was indicted by a federal grand jury on November 2, 1995 on four counts of criminal fraud in violation of various provisions of 18 U.S.C. § 1029. Specifically, count one of the indictment charges that Yates, "knowingly...

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