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U.S. v. JOHNSTON

Action No. 5:12-CR-102-9-JMH.

933 F.Supp.2d 881 (2013)

UNITED STATES of America, Plaintiff, v. Seth J. JOHNSTON, Defendant.

United States District Court, E.D. Kentucky, Central Division at Lexington.

March 27, 2013.

Attorney(s) appearing for the Case

Robert M. Duncan, Jr., U.S. Attorney's Office, Lexington, KY, for Plaintiff.

Bernard Pafunda, Lexington, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH M. HOOD, Senior District Judge.

This matter is before the Court on Defendant Seth Johnston's Motion to Dismiss Count 1 of the Indictment for failure to charge essential elements [DE 174]. The government has responded [DE 200], and Johnston timely filed a reply [DE 205].

Johnston argues that Count 1 of the Third Superseding Indictment [DE 134] ("Indictment") fails to sufficiently charge the mens rea for the controlled...

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