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U.S. v. VOLPE

No. 97-CR-133.

986 F.Supp. 122 (1997)

UNITED STATES of America v. Anthony M. VOLPE.

United States District Court, N.D. New York.

December 1, 1997.

Attorney(s) appearing for the Case

Thomas J. Maroney, U.S. Attorney, U.S. Army Judge Advocate General's Corps, Office of the Staff Judge Advocate (Bridget M. Gillespie, of counsel), Fort Drum, NY, for U.S.

Andrew Kinnie, Watertown, NY, for Anthony M. Volpe.

DECISION and ORDER

SCANLON, United States Magistrate Judge.

Currently before this Court is defendant's motion to dismiss the charge of driving while intoxicated pending against him. The prosecution opposes the motion.

BACKGROUND

On April 20, 1997, defendant, a soldier in the United States Army ("Army"), was driving on North Memorial Avenue in Fort Drum, a federal military installation that is located in Jefferson County, New York, and within...

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