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U.S. v. BALDWIN

No. CR 07-2240 JB.

541 F.Supp.2d 1184 (2008)

UNITED STATES of America, Plaintiff, v. Carl Dean BALDWIN, Defendant.

United States District Court, D. New Mexico.

February 26, 2008.

Attorney(s) appearing for the Case

Gregory J. Fouratt, United States Attorney, Albuquerque, NM, Terri J. Abernathy, Luis A. Martinez, Assistant United States Attorneys, Stephen H. Wong, Special Assistant United States Attorney, Las Cruces, NM, for Plaintiff.

Robert Jason Bowles, B.J. Crow, Bowles & Crow, Robert J. Gorence, Gorence & Oliveros, P.C., Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Indictment Without Prejudice on the Basis that the Current United States Attorney has been Unconstitutionally Appointed, filed January 30, 2008 (Doc. 15)("Motion"). The Court held a hearing on February 19, 2008. The primary issues are: (i) whether the Court should reach the constitutional issues that...

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