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U.S. v. JACKSON

No. 95 CR 508-6.

94 F.Supp.2d 935 (2000)

UNITED STATES of America, Plaintiff, v. Johnny JACKSON, Defendant.

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

May 5, 2000.

Attorney(s) appearing for the Case

Michael R. Lufrano, Sonnenschein, Nath & Rosenthal, John M. Cutrone, Law Offices of John M. Cutrone, Chicago, IL, for Johnny Jackson.

Asst. U.S. Atty., U.S. Attorney's Office, Chicago, IL, for U.S.

MEMORANDUM OPINION AND ORDER

LEINENWEBER, District Judge.

Before the court is defendant Johnny Jackson's motion to dismiss Counts Three and Four of the Indictment for failure to allege his scienter.

Counts Three and Four of the Indictment state violations of 21 U.S.C. § 861(a)(1) and (a)(2), which reads,

(a) Unlawful acts: It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally ...

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