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U.S. v. KASSOUF

No. 95 CR 199.

948 F.Supp. 36 (1996)

UNITED STATES of America, Plaintiff, v. James J. KASSOUF, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

November 19, 1996.

Attorney(s) appearing for the Case

John M. Siegel, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff.

Robert J. Rotatori, Sr., Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, J. Timothy Bender, Roetzel & Andress, Cleveland, OH, for Defendant.

MEMORANDUM OF OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNT 26

WELLS, District Judge.

This case is before Court on defendant James J. Kassouf's motion to dismiss Count 26 of the indictment. Kassouf contends Count 26 does not allege that he engaged in conduct which violates 26 U.S.C. § 7212(a). Alternatively, Kassouf argues that § 7212(a) is unconstitutionally vague.

For the reasons which follow, the Court finds Count...

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