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UNITED STATES v. ARMIENTO

No. 66 Cr. 967.

326 F.Supp. 960 (1970)

UNITED STATES of America v. James ARMIENTO and Edward Jernek, Defendants.

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

January 6, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., by John W. Nields, Jr., Asst. U. S. Atty., Foley Square, N. Y., for the United States.

H. Eliot Wales, New York City, for defendants.

LASKER, District Judge.

This is a renewal of a motion to suppress. The original motion was denied by Judge Cooper on March 2, 1967. Since then the United States Supreme Court has ruled in Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L. Ed.2d 889 (1968), that the occupational tax registration provisions of the Internal Revenue Act, 26 U.S.C. §§ 4411 and 4412, "may not...

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