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U.S. v. NUKIDA

No. 92-50234.

8 F.3d 665 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Lissette Christina NUKIDA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1993.

Attorney(s) appearing for the Case

Mark D. Larsen, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

Marcia J. Brewer, Los Angeles, CA, for defendant-appellee.

Before: WALLACE, Chief Judge, SNEED and HALL, Circuit Judges.

WALLACE, Chief Judge:

The government appeals from a judgment of the district court dismissing five counts of a sixteen count indictment charging that Nukida tampered with consumer products affecting interstate commerce, in violation of 18 U.S.C. § 1365(a). In granting Nukida's Federal Rule of Criminal Procedure 12(b) motion to dismiss, the district court concluded that the products allegedly tampered with did not then...

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