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  5. 33 F.Supp.2d 155 (1998)
 

U.S. v. SAINATO

Nos. CR 98-96 (ADS), CR 98-397 (ADS).

33 F.Supp.2d 155 (1998)

UNITED STATES of America, v. Anthony SAINATO and Vincent Sainato, Defendants.

United States District Court, E.D. New York.

November 10, 1998.

Attorney(s) appearing for the Case

Zachary W. Carter, United States Attorney, E.D.N.Y., Garden City, New York, by Barry Jonas, Senior Trial Attorney, for the United States of America.

Jacob R. Evseroff, Brooklyn, NY, for defendant Anthony Sainato.

Dale L. Smith, Brooklyn, NY, for defendant Vincent Sainato.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On June 12, 1998, the defendants, Anthony Sainato and Vincent Sainato (the "defendants"), were arraigned on Superceding Indictment Numbers CR 98-96 and CR 98-397, both of which charged them each with a single count of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. The defendants jointly move to dismiss Superceding Indictment Number CR 98-397. The defendants also...

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