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U.S. v. SMITH

No. CR 94-AR-254-S.

874 F.Supp. 347 (1995)

UNITED STATES of America v. Charlie SMITH, III.

United States District Court, N.D. Alabama, Southern Division.

January 20, 1995.

Attorney(s) appearing for the Case

Ralph L. Armstrong, Ralph L. Armstrong, P.C., Bessemer, AL, John A. Lentine, Wooten & Lentine, P.C., Birmingham, AL, for defendant.

Michael W. Whisonant, Walter Braswell, Acting U.S. Atty., U.S. Attys. Office, Birmingham, AL, for plaintiff.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration a reintroduced and amended motion filed by defendant, Charlie Smith, III. It seeks a dismissal of the indictment. His motion was orally presented and partially argued just before the case was called for trial on January 17, 1995. The court allowed the motion as timely, because it relies on authority which appeared after this case had been pre-tried. The case upon which Smith...

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