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U.S. v. GANADONEGRO

No. CR 09-0312 JB.

854 F.Supp.2d 1068 (2012)

UNITED STATES of America, Plaintiff, v. Kalvest GANADONEGRO, Defendant.

United States District Court, D. New Mexico.

February 14, 2012.

Attorney(s) appearing for the Case

Jennifer M. Rozzoni, United States Attorney's Office, Albuquerque, NM, for Plaintiff.

Kari Converse, Federal Public Defender, 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 Count 3, filed December 6, 2011 (Doc. 218)("Motion"). The Court held a hearing on February 2, 2012. The primary issues are: (i) the Court should dismiss Count 3 in the Superseding Indictment, filed November 9, 2011 (Doc. 201), on the basis that the charged New Mexico state offense is not properly assimilated...

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