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UNITED STATES v. HENDERSON

No. S-74 Cr. 866.

386 F.Supp. 1048 (1974)

UNITED STATES of America, v. Lyle C. HENDERSON, a/k/a "Skitch" Henderson, Defendant.

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

Reargument November 20, 1974.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty. for the Southern District of New York, New York City, for United States of America; Thomas D. Edwards and David A. Cutner, Asst. U. S. Attys., of counsel.

Louis Bender, New York City, for defendant; Sandor Frankel, New York City, of counsel.

EDWARD WEINFELD, District Judge.

MOTION TO DISMISS THE INDICTMENT

The mere fact that another, who allegedly committed the same offense for which the defendant has been indicted, has not also been indicted does not, by itself, establish the defense of selective prosecution. The defendant has the burden of establishing prima facie (1) that he has been singled out for prosecution, while others who committed the same offense have not generally been proceeded...

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