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U.S. v. TWOMBLY

No. 06cr1715-LAB.

475 F.Supp.2d 1019 (2007)

UNITED STATES of America, Plaintiff, v. Michael Steven TWOMBLY (1), Joshua Edward Eveloff (2), Defendants.

United States District Court, S.D. California.

February 22, 2007.

Attorney(s) appearing for the Case

Brian J. White, Law Office of Brian J. White, San Diego, CA, for Defendants.

US Attorney CR, U.S. Attorneys District of California Criminal Division, San Diego, CA, for Plaintiff.

ORDER ON MOTIONS TO DISMISS INDICTMENT

BURNS, District Judge.

On September 18, 2006, Defendants filed a motion seeking, among other things,1 dismissal of the indictment on the basis that the statute under which they are charged, 18 U.S.C. § 1037(a)(3) and (4), is unconstitutionally vague. Defendants later supplemented their motion, asking the Court to dismiss the indictment...

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