U.S. v. RILEY

No. 97 CR. 446(KMW).

985 F.Supp. 405 (1997)

UNITED STATES of America, v. Robert RILEY, Defendant.

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

November 24, 1997.


Attorney(s) appearing for the Case

George Canellos, Thomas Arena, Mary Jo White, U.S. Attorney, New York City, for Plaintiff.

Seth Farber, Joseph Nocella, Dewey Ballantine, New York City, for Defendant.


OPINION and ORDER

KIMBA M. WOOD, District Judge.

Defendant moves to dismiss both counts of his indictment on the ground that, under the standards articulated in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), the statute underlying both counts, 18 U.S.C. § 1959 (Supp.1997) ("Section 1959"), exceeds the power delegated to Congress in the...

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