U.S. v. BUCK

Nos. 84 Cr. 220-CSH, SSS 82 Cr. 312-CSH.

690 F.Supp. 1291 (1988)

UNITED STATES of America, v. Marilyn BUCK, Defendant. UNITED STATES of America v. Mutulu SHAKUR, Defendant.

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

July 6, 1988.


Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for U.S.; Abraham D. Sofaer, Legal Advisor, Dept. of State, Michael J. Matheson, Deputy Legal Advisor, Dept. of State, Edward R. Cummings, Asst. Legal Advisor for Politico-Military Affairs, Dept. of State, W. Hays Parks, Chief, Intern. Law Branch, Office of the Judge Advocate General, Dept. of the Army.

Albert H. Dyson, Office of the General Counsel, Dept. of Defense, Chokwe Lumumba, Chairman, New Afrikan Peoples Organization, Brooklyn, N.Y., Nkechi Taifa-Caldwell, Minister of Justice, Republic of New Afrika, Washington, D.C., for Dr. Mutulu Shakur.

Lennox S. Hinds, Stevens, Hinds, & White, P.C., New York City, Permanent Representative to the United Nations for the Inter. Ass'n of Democratic Lawyers, for amicus curiae.


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant Mutulu Shakur moves to dismiss indictment SSS 82 Cr. 312 (CSH). He contends that the acts charged in the indictment are political acts which are not properly the subject of criminal prosecution. He further contends that under applicable treaties and international law he is a prisoner of war, and thus immune from prosecution for the acts charged in the indictment. Defendant Marilyn Buck joins...

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