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U.S. v. MOORE

Nos. 95-5082, 95-5084.

73 F.3d 666 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. James Calvin MOORE (95-5082) and Gabriel Vaughn (95-5084), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1996.

Attorney(s) appearing for the Case

David P. Folmar (argued and briefed), Office of the Attorney, Knoxville, TN, for U.S. in Nos. 95-5082, 95-5084.

Perry H. Piper (argued and briefed), Federal Services of Eastern Tennessee, Inc., Chattanooga, TN, for James Calvin Moore, Jr.

Jerry Sanford Sloan (briefed), Chattanooga, TN, for Gabriel Vaughn.

Before: BATCHELDER and MOORE, Circuit Judges; ENSLEN, Chief District Judge.

PER CURIAM.

This appeal challenges the district court's denial of the defendants' motions to dismiss their indictments.

Facts

On the night of May 6, 1994, and in the early morning hours of May 7, 1994, in East Chattanooga, Tennessee, defendant James C. Moore ("Moore") and defendant Gabriel Vaughn ("Vaughn"), along with Ronnie McClure and Nikita Johnson, began discussing ways of committing a robbery to get some quick cash. The group agreed...

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