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UNITED STATES v. BIRCHFIELD

No. 80-30009.

486 F.Supp. 137 (1980)

UNITED STATES of America v. Junior Lee BIRCHFIELD.

United States District Court, M. D. Tennessee, Nashville Division.

March 5, 1980.

Attorney(s) appearing for the Case

Bob Lynch, Jr., Asst. U. S. Atty., Nashville, Tenn., for plaintiff.

Alfred H. Knight, Nashville, Tenn., for defendant.

MEMORANDUM

WISEMAN, District Judge.

The defendant Birchfield has moved to dismiss Count One of the three counts charged in his indictment. For the reasons to be discussed below, the Court will order that paragraph 1 of Count One be stricken, but the motion to dismiss Count One, as amended by this order, will be denied. The Court will further order, sua sponte, that Count Three of the indictment be dismissed in...

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