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U.S. v. DOG TAKING GUN

No. CR 98-13-M-DWM.

7 F.Supp.2d 1118 (1998)

UNITED STATES of America, Plaintiff, v. Gary Allen DOG TAKING GUN, Defendant.

United States District Court, D. Montana, Missoula Division.

June 3, 1998.

Attorney(s) appearing for the Case

Lori A. Harper, Office of the U.S. Atty., Great Falls, MT, for U.S.

Morgan M. Modine, Modine Law Office, Missoula, MT, for Defendant.

ORDER AND OPINION

MOLLOY, District Judge.

I. Pending Issues

The issue presented in this case is whether the FBI Laboratory inefficiency in processing DNA evidence preempts the defendant's statutory right to a speedy trial. In my view it does not. A more problematic issue is whether a defendant should be allowed to use the statutory "right" to a speedy trial in a way the keeps the government from using relevant evidence that ought to be presented...

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