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  5. 966 F.Supp. 1038 (1997)
 

U.S. v. MILTON

No. 97-20015-01-EEO.

966 F.Supp. 1038 (1997)

UNITED STATES of America, Plaintiff, v. Ricky Lee MILTON, Defendant.

United States District Court, D. Kansas.

May 13, 1997.

Attorney(s) appearing for the Case

Thomas E. Foster, Foster & Foster, Overland Park, KS, for defendant.

Robert S. Streepy, Office of U.S. Atty., Kansas City, KS, for U.S.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Senior District Judge.

This matter is before the court on defendant's motion to dismiss (Doc. # 16). After careful consideration of the parties' briefs and oral argument on May 12, 1997, the court is prepared to rule. For the reasons set forth below, and in accordance with the court's oral ruling on May 12, defendant's motion is denied.

Factual Background

Defendant is charged in a one...

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