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U.S. v. CULBERT

19-cr-613 (BMC).

453 F.Supp.3d 595 (2020)

UNITED STATES of America, v. John CULBERT, John McMillan, Clifton Salvodon, Defendant.

United States District Court, E.D. New York.

Signed April 13, 2020.

Attorney(s) appearing for the Case

Michael W. Gibaldi, United States Attorney, Brooklyn, NY, for United States of America.

Eric P. Franz, Law Offices of Eric Franz PLLC, New York, NY, for Defendant John McMillan.

John F. Kaley, Doar Rieck & Mack, New York, NY, for Defendant Clifton Salvodon.

MEMORANDUM DECISION AND ORDER

Defendants seek to dismiss Count 3 of the indictment, which charges all three of them with possessing and brandishing a firearm during a crime of violence, pursuant to 18 U.S.C. § 924(c)(1)(A)(i). The purported "crime of violence" upon which Count 3 is based...

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