SHADUR, D.J., delivered the opinion of the court, in which MOORE, J., joined. GIBBONS, J., (p 228), delivered a separate dissenting opinion.
OPINION
MILTON I. SHADUR, District Judge.
Jayson D. Harris ("Harris") was indicted for conspiracy to make, utter and possess counterfeit payroll and business checks in violation of 18 U.S.C. §§ 371 and 513(a). After the district court denied both Harris' motion to dismiss the indictment and his later...
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