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U.S. v. CAVANAUGH

Case No. 2:09-cr-04.

680 F.Supp.2d 1062 (2009)

UNITED STATES of America, Plaintiff, v. Roman CAVANAUGH, Jr., Defendant.

United States District Court, D. North Dakota, Northeastern Division.

December 18, 2009.

Attorney(s) appearing for the Case

Janice M. Morley, U.S. Attorney's Office, Fargo, ND, for Plaintiff.

Alexander F. Reichert, Reichert Law Office PC, Grand Forks, ND for Defendant.

ORDER ON MOTION TO DISMISS THE INDICTMENT

RALPH R. ERICKSON, Chief Judge.

Before the Court is Defendant Roman Cavanaugh, Jr.'s motion to dismiss the indictment. Cavanaugh raises three issues: (1) the indictment is fatally defective for failure to list an essential element of the offense; (2) Section 117(a) of Title 18, United States Code, is unconstitutional as it exceeds Congress's power; and (3) Section 117(a) of Title 18, United States Code, violates...

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