UNITED STATES v. ORITO

No. 70-CR-20.

338 F.Supp. 308 (1970)

UNITED STATES of America, Plaintiff, v. George Joseph ORITO, Defendant.

United States District Court, E. D. Wisconsin.

Probable Jurisdiction Noted October 12, 1971.


Attorney(s) appearing for the Case

Richard E. Reilly, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Shellow & Shellow, Milwaukee, Wis., for defendant.


Probable Jurisdiction Noted October 12, 1971. See 92 S.Ct. 40.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Two motions to dismiss the indictment are now before the court. In both motions, the defendant contends that 18 U.S.C. § 1462 is unconstitutional. One motion is based on the absence of any provision in the statute requiring proof of scienter; the other is based on the defendant's contention that the statute is overbroad and violates...

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