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UNITED STATES v. HILL

No. 79-450-CR-EPS.

494 F.Supp. 571 (1980)

UNITED STATES of America, Plaintiff, v. David HILL, Defendant.

United States District Court, S. D. Florida, Miami Division.

May 5, 1980.

Attorney(s) appearing for the Case

Ian Comisky, Asst. U. S. Atty., Miami, Fla., for plaintiff.

Donald Bierman, Miami, Fla., for defendant.

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS

SPELLMAN, District Judge.

Defendant David Hill has filed an appeal before the Court from the Magistrate's denial of his motion to dismiss the indictment. Defendant raised four issues in this appeal. He argues that an indictment by an invalidly empaneled grand jury is not an "error, defect or irregularity with respect to [a] grand jury", and therefore is not within the jurisdiction of 18 U.S.C. §...

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