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U.S. v. JOHNSON

No. CR-S-00-394-RLH (PAL).

180 F.Supp.2d 1155 (2002)

UNITED STATES of America, Plaintiff, v. Jerald Lavelle JOHNSON, Defendant.

United States District Court, D. Nevada.

January 14, 2002.

Attorney(s) appearing for the Case

Kurt Schulke, Criminal Chief Assistant U.S. Attorney, Kimberly M. Frayn, Assistant U.S. Attorney, Las Vegas, NV, for plaintiff.

Peter S. Christiansen, Doris Nehme, Las Vegas, NV, for defendant.

ORDER

HUNT, District Judge.

Before the Court is Defendant's Motion to Dismiss Indictment (# 75, filed December 21, 2001), seeking dismissal on three grounds, although only two were discussed in the motion. The Government filed its Response (# 77) on January 7, 2002.

Plaintiff seeks dismissal on the grounds that (a) he is being prosecuted vindictively; (b) the Court erred by further explaining the constructive possession; and (c) Mr. Johnson is being...

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