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U.S. v. REMIRE

No. 05 CR 752(SHS).

400 F.Supp.2d 627 (2005)

UNITED STATES of America v. Manny REMIRE, Defendant.

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

November 30, 2005.

Attorney(s) appearing for the Case

Robert M. Baum, Federal Defenders of New York Inc., New York, NY, for Defendant, Manny Remire.

Michael Quinn English, U.S. Attorney's Office, New York, NY, for Plaintiff, U.S.

OPINION

STEIN, District Judge.

This opinion addresses the government's decision to charge Manny Remire with a federal criminal offense even though his primary alleged wrongdoing — an attempted street robbery — is quintessentially a state crime. Remire asserts that this Court does not have jurisdiction over the attempted robbery of an individual on a public street. He has moved (1) pursuant to Fed.R.Crim.P. 12(b)(2) to dismiss two counts...

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