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UNITED STATES v. BERRY

Case No. 5:22-cr-536, Case No. 5:23-cr-222, Case No. 4:23-cr-503.

723 F.Supp.3d 567 (2024)

UNITED STATES of America, Plaintiff, v. Dante T.H. BERRY, Defendant. United States of America, Plaintiff, v. Daixhan Tolbert, Defendant. United States of America, Plaintiff, v. Steve Gardner, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

Signed March 15, 2024.

Attorney(s) appearing for the Case

Peter E. Daly, Office of the U.S. Attorney, Akron, OH, Jason Matthew Katz, Jason Manion, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff in No. 5:22-cr-536.

Christian J. Grostic, Jeffrey B. Lazarus, Public Defenders, Office of the Federal Public Defender, Cleveland, OH, for Defendant in No. 5:22-cr-536.

Joseph P. Dangelo, Office of the U.S. Attorney, Akron, OH, for Plaintiff in No. 5:23-cr-222.

Jeffrey B. Lazarus, Darin Thompson, Public Defenders, Office of the Federal Public Defender, Cleveland, OH, Cleveland, OH, for Defendant in No. 5:23-cr-222.

Yasmine T. Makridis, Office of the U.S. Attorney, Youngstown, OH, for Plaintiff in No. 4:23-cr-503.

Ashlynn Alexis Rotta, David E. Johnson, Public Defenders, Office of the Federal Public Defender, Cleveland, OH, Cleveland, OH, for Defendant in No. 4:23-er-503.

OPINION AND ORDER

In separate cases, Defendants Dante T.H. Berry, Daixhan Tolbert, and Steve Gardner move to dismiss the indictments charging them with being felons in possession of a firearm and ammunition in violation of federal law. They argue that this prohibition...

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