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U.S. v. SWANSON

No. CR 90-AR-215-S.

753 F.Supp. 338 (1990)

UNITED STATES of America v. David SWANSON.

United States District Court, N.D. Alabama, S.D.

December 14, 1990.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty. and John C. Earnest, Jr., Asst. U.S. Atty., for the U.S.

Lawrence (Larry) Sheffield, Jr., Birmingham, Ala., for David Swanson.

MEMORANDUM OPINION

ACKER, District Judge.

The court has under consideration the motion of defendant, David Swanson, to dismiss the indictment in this case. On November 21, 1990, in a thoughtful opinion, the magistrate-judge recommended that the indictment be dismissed. On November 30, 1990, the United States filed an objection to the magistrate-judge's recommendation. Thereafter, on December 7, 1990, the court conducted a hearing at which it received evidence...

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