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U.S. v. MEDICINE EAGLE

No. CR 02-30122.

266 F.Supp.2d 1039 (2003)

UNITED STATES of America, Plaintiff, v. Gabriel D. MEDICINE EAGLE, Jr., Defendant.

United States District Court, D. South Dakota, Central Division.

May 21, 2003.

Attorney(s) appearing for the Case

Jeffrey C. Clapper, Assistant United States Attorney, Pierre, SD, for Plaintiff.

Edward G. Albright, Assistant Federal Public Defender, Pierre, SD, for Defendant.

ORDER

KORNMANN, District Judge.

The defendant filed a motion (Doc. 23) to dismiss the indictment. The plaintiff filed a written response. U.S. Magistrate Judge Moreno conducted a hearing on April 23, 2003, at which hearing the parties submitted supplemental legal memorandums. The magistrate filed and served a report and recommendation (Doc. 39). Defendant has filed objections (Doc. 40).

The court has now conducted a de novo review of all the...

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