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U.S. v. GARCIA-SALAZAR

Crim. No. 95-20033-01 GTV.

891 F.Supp. 568 (1995)

UNITED STATES of America, Plaintiff, v. Raul GARCIA-SALAZAR, Defendant.

United States District Court, D. Kansas.

June 9, 1995.

Attorney(s) appearing for the Case

John M. Duma, Kansas City, KS, David J. Phillips, Office of Federal Public Defender, Topeka, KS, for Raul Garcia-Salazar.

Charles R. Harvey, Overland Park, KS, for Tobias Verduzco.

Robert S. Streepy, Office of U.S. Atty., Kansas City, KS, for U.S.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This case is before the court on defendant Raul Garcia-Salazar's motion to dismiss Count III of the indictment.

Count III charges Garcia-Salazar with possession with intent to distribute 20 pounds of marijuana within 1000 feet of an elementary school, a violation of 21 U.S.C. § 860,1 sometimes referred to as the Drug-Free

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