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U.S. v. SMITH

No. 6:93CR57-2.

853 F.Supp. 179 (1994)

UNITED STATES of America v. Howard Kenneth SMITH, Jr.

United States District Court, M.D. North Carolina, Winston-Salem Division.

May 27, 1994.

Attorney(s) appearing for the Case

David Smith, Asst. U.S. Atty., Greensboro, NC, for plaintiff.

Locke T. Clifford, Greensboro, NC, for defendant.

MEMORANDUM OPINION

TILLEY, District Judge.

The Government has moved, pursuant to Rule 48 of the Federal Rules of Criminal Procedure, for leave of Court to file an order dismissing the indictment against Howard Kenneth Smith, Jr. This motion implicates and requires an analysis of the Court's limited authority to evaluate a motion to dismiss under Rule 48. For the reasons discussed herein, the Government's motion to dismiss is DENIED.

I.

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