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U.S. v. STANZIONE

No. 78 Cr. 559.

466 F.Supp. 838 (1979)

UNITED STATES of America v. Vincent STANZIONE, Defendant.

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

March 1, 1979.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., Brooklyn, N. Y., by Wendy Brill, Special Atty., Dept. of Justice, Brooklyn, N. Y., for plaintiff.

Frank A. Lopez, New York City, for defendant.

MEMORANDUM ORDER

NEAHER, District Judge.

Defendant moves, pursuant to Rule 12, F.R.Crim.P., for an order dismissing the indictment, on the grounds that its return more than three years after the commission of the most recent offense charged is inconsistent with the command of the fifth amendment's due process clause. Because defendant's claims do not indicate a departure from "settled principles of due process," United States v. Lovasco,

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