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U.S. v. SMITH

Criminal Action No. 2:07-cr-00082.

528 F.Supp.2d 615 (2007)

UNITED STATES of America, Plaintiff, v. Marvin L. SMITH, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

June 13, 2007.

Attorney(s) appearing for the Case

Karen L. Bleattler, U.S. Attorney's Office, Charleston, WV, for Plaintiff.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is the defendant's motion to dismiss the indictment [Docket 25]. For the following reasons the motion is GRANTED.

I. Background

On November 16, 1995, Mr. Smith was convicted of three counts of second degree sexual assault in violation of section 61-8B-4 of the West Virginia Code. On July 31, 1996, he was sentenced to three concurrent...

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