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U.S. v. MARTIGNON

No. 03 Cr. 1287(HB).

346 F.Supp.2d 413 (2004)

UNITED STATES of America, Plaintiff, v. Jean MARTIGNON, Defendant.

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

September 24, 2004.

Attorney(s) appearing for the Case

David Patton, Federal Defender Services Unit, Legal Aid Society, New York City, for Defendant.

Samidh Guha, Assistant United States Attorney, U.S. Attorney's Office, Criminal Division, New York City, for Plaintiff.

OPINION & ORDER

BAER, District Judge.1

Defendant Jean Martignon ("Martignon") moves pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure ("Fed. R.Crim.P.") to dismiss the onecount Indictment, charging him with a violation of 18 U.S.C. § 2319A ("anti-bootlegging statute" or "statute"). Martignon mounts his challenge on several constitutional grounds—namely that (1) by virtue of its regulation...

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