U.S. v. DALTON

Crim. A. No. 92-CR-186.

795 F.Supp. 353 (1992)

UNITED STATES of America, Plaintiff, v. John William DALTON, Defendant.

United States District Court, D. Colorado.

July 31, 1992.


Attorney(s) appearing for the Case

Joseph Mackey, Asst. U.S. Atty., Denver, Colo., for plaintiff.

Charles Szekely, Asst. Federal Public Defender, Denver, Colo., for defendant.


MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant John William Dalton (Dalton) is charged under 18 U.S.C. § 922(o) (1990) (section 922(o)) in a two count indictment with possessing and transferring a machine gun. Dalton moves to dismiss the indictment on the basis that this prosecution violates the double jeopardy clause of the Fifth Amendment. The motion has been briefed fully and I received argument on it at a June 26,...

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