UNITED STATES v. CALLAHAN

Crim. No. 4-77-84.

434 F.Supp. 1203 (1977)

UNITED STATES of America, Plaintiff, v. Kenneth James CALLAHAN and Donald Larson, Defendants.

United States District Court, D. Minnesota, Fourth Division.

August 10, 1977.


Attorney(s) appearing for the Case

Andrew W. Danielson, U. S. Atty., and Thorwald H. Anderson, Jr., Asst. U. S. Atty., Minneapolis, Minn., for plaintiff.

Ronald I. Meshbesher, Meshbesher, Singer & Spence, Ltd., Minneapolis, Minn., for defendant Callahan.

Bruce Hartigan, Minneapolis, Minn., for defendant Larson.


DEVITT, Chief Judge.

Defendants move to dismiss the indictment claiming:

1. There is no federal jurisdiction because the interstate character of the alleged kidnapping is "sheer speculation" and the statute, 18 U.S.C. 1201, is unconstitutional because it contains a "presumption of federal jurisdiction," and

2. The government was guilty of prejudicial misconduct by preventing counsel for defendant Callahan from interviewing witnesses who attended a...

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