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U.S. v. FLYNN

No. CR 10-40012.

709 F.Supp.2d 737 (2010)

UNITED STATES of America, Plaintiff, v. Leo Thomas FLYNN, Defendant.

United States District Court, D. South Dakota, Southern Division.

April 28, 2010.

Attorney(s) appearing for the Case

Richard Newberry, U.S. Attorney's Office, Minneapolis, MN, for Plaintiff.

Michael J. Butler, Sioux Falls, SD, Rory Patrick Durkin, Giancola Law Office, PLLC, Anoka, MN, for Defendant.

MEMORANDUM OPINION AND ORDER RE: PROPOSED JURY INSTRUCTION ON S.D.C.L. § 22-24A-19

LAWRENCE L. PIERSOL, District Judge.

Defendant Leo Thomas Flynn filed a motion requesting this Court to address the issue of a proposed jury instruction based on S.D.C.L. § 22-24A-19. Under FEDERAL RULE OF CRIMINAL PROCEDURE 12(B)(2) a "party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general...

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