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U.S. v. MORRIS

Criminal No. 94-34-P-C.

914 F.Supp. 637 (1996)

UNITED STATES of America, Plaintiff, v. Irvin R. MORRIS and Stuart L. Smith, Defendants.

United States District Court, D. Maine.

January 29, 1996.

Attorney(s) appearing for the Case

Jonathan A. Toof, Asst. U.S. Atty., Portland, Maine, James W. Chapman, Jr., U.S. Dept. of Justice, Northern Criminal Enforcement Section, Washington, D.C., for Plaintiff United States.

William Maselli, Law Offices of Wm. Maselli, Auburn, Maine, for Defendant Irvin R. Morris.

Theodore A. Barone, Perkins, Smith & Cohen, Boston, MA, William F. Sullivan, Sullivan & Largey, Quincy, MA, for Defendant Stuart L. Smith.

MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS COUNT III

GENE CARTER, Chief Judge.

On September 21, 1994, Defendants Stuart L. Smith and Irvin R. Morris were indicted with seven co-defendants in a three count Superseding Indictment. Count I charged them with conspiracy to distribute and to possess with the intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Count II charged Smith with criminal...

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