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U.S. v. YANKOWSKI

No. CR 97-003-BU-DWM.

993 F.Supp. 801 (1998)

UNITED STATES of America, Plaintiff, v. John YANKOWSKI, Defendant.

United States District Court, D. Montana, Butte Division.

February 17, 1998.

Attorney(s) appearing for the Case

David F. Ness, Ness Law Office, Missoula, MT, for John Yankowski.

Kris A. McLean, Office of the U.S. Attorney, Missoula, MT, for U.S.

OPINION AND ORDER

MOLLOY, District Judge.

John Yankowski was convicted by a jury on both counts of an Indictment on December 2, 1997. Before trial Yankowski moved to consolidate the two counts against him. The elements of the two crimes charged in the indictment are different. Each of the statutes requires proof of elements not contained in the other. Yankowski's multiplicitous argument about the charges arising out of the same conduct is not well taken...

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