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U.S. v. MARTINEZ

No. CR-07-615 WJ.

565 F.Supp.2d 1270 (2008)

UNITED STATES of America, Plaintiff, v. Toby MARTINEZ, Raul Parra, Manny Aragon, Sandra Martinez, a/k/a/ "Sandra Mata," and Michael Murphy, Defendants.

United States District Court, D. New Mexico.

May 9, 2008.

Attorney(s) appearing for the Case

Robert J. Gorence, Gorence & Oliveros PC, Ray Twohig, Timothy M. Padilla, J. Miles Hanisee, Mark Fine, Fine Law Firm, Robert Jason Bowles, Bowles & Crow, Albuquerque, NM, for Defendants.

Chris Lackmann, Jonathon M. Gerson, Paula G. Burnett, U.S. Attorney's Office, Albuquerque, NM, for Plaintiff.

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS INDICTMENT WITHOUT PREJUDICE ON BASIS THAT CURRENT UNITED STATES ATTORNEY HAS BEEN UNCONSTITUTIONALLY APPOINTED

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court on Defendant Raul Parra's ("Parra's") Motion to Dismiss Indictment without Prejudice on the Basis that the Current United States Attorney ("U.S. Attorney") has been Unconstitutionally Appointed, filed January 30,...

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