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U.S. v. HESTER

No. 08 CR 848.

UNITED STATES OF AMERICA, v. JOE HESTER,

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

May 10, 2012.

Attorney(s) appearing for the Case

Joe Hester, Defendant (1), Pro Se.

Joe Hester, Defendant (1), represented by Beth Westman Gaus , Federal Defender Program, Keri A Ambrosio , Law Offices of Keri Ambrosio, Michael B. Mann & Clarke Patrick Devereux , Law Office of Clarke Patrick Devereux.

USA, Plaintiff, represented by AUSA, United States Attorney's Office (NDIL).

USA, Plaintiff, represented by Pretrial Services.

USA, Plaintiff, represented by Probation Department.

USA, Plaintiff, represented by Andrew R DeVooght , United States Attorney's Office (NDIL), Madeleine Sullivan Murphy , United States Attorney's Office (NDIL) & Marc Krickbaum , U.S. Attorney's Office.

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, Jr., District Judge.

Defendant Joe Hester has filed two post-trial motions: a Motion for Judgment N.O.V. [230] and a Motion to Dismiss Based on Unconstitutional Title 18 [235]. For the reasons set forth below, the motions [230 and 235] are denied.

I. Background

On October 21, 2008, Hester was arrested on a criminal complaint charging him with a violation of 18 U.S.C. §922(g). On November...

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