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UNITED STATES v. FERGUSON

No. CR-2-77-13.

460 F.Supp. 1 (1977)

UNITED STATES of America, Plaintiff, v. Marvin Kale FERGUSON et al., Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

On Motion for Acquittal September 19, 1977.

On Motion to Appeal in Forma Pauperis September 28, 1977.

On Motion to Release from Probation October 26, 1977.

Attorney(s) appearing for the Case

Edward E. Wilson, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff.

W. Stanley Yarbro, Johnson City, Tenn., and B. C. McInturff, Kingsport, Tenn., for defendants.

MEMORANDA OPINIONS AND ORDERS

NEESE, District Judge.

The defendants Messrs. Ferguson and Mabe moved separately for a dismissal of the indictment herein as the same pertains to each such defendant, on the ground that the delay in the return thereof by a grand jury violated their right to due process of law, Constitution, Fifth Amendment. Rule 12(b)(1), Federal Rules of Criminal Procedure. Such motions lack merit...

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