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UNITED STATES v. ESENBERG

No. 76-Cr-5.

416 F.Supp. 835 (1976)

UNITED STATES of America, Plaintiff, v. Richard ESENBERG and Roger Torgrud, Defendants.

United States District Court, E. D. Wisconsin.

April 29, 1976.

Attorney(s) appearing for the Case

William J. Mulligan, U. S. Atty. by Randall Sandfort and John A. Nelson, Asst. U. S. Attys., Milwaukee, Wis., for plaintiff.

James Walrath, Milwaukee, Wis., for Esenberg.

Seymour Gimbel, Milwaukee, Wis., for Torgrud.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Both defendants have moved for the dismissal of count II of the indictment on the ground that the statute under which they are charged, 18 U.S.C. § 2511(1)(1), is unconstitutional due to fifth amendment equal protection infirmities on the face of the statute and as applied. In addition, the defendant, Torgrud, has moved to dismiss the indictment because of an alleged breach of a plea bargain. I find...

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