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U.S. v. FILLMAN

Criminal Action No. .96-10003-01.

986 F.Supp. 1358 (1997)

UNITED STATES of America, Plaintiff, v. Barry P. FILLMAN, Defendant.

United States District Court, D. Kansas.

November 6, 1997.

Attorney(s) appearing for the Case

Michael B. Roach, Wichita, KS, Jerome R. Jones, Wichita, KS, for Defendant.

Michael G. Christensen, Jackie N. Williams, Office of U.S. Atty., Wichita, KS, for Plaintiff.

MEMORANDUM AND ORDER

BELOT, District Judge.

Before the court are the following:

1. Defendant's motion to dismiss (Docs. 31 and 33); and 2. Government's response (Doc. 32).

Count II of the indictment charges defendant with a violation of 18 U.S.C. § 842(i) which provides, in pertinent part, that:

It shall be unlawful for any person- (1) who is under indictment for ... a crime punishable by imprisonment...

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