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U.S. v. BAILES

No. Civ.A. 5:98-00083-01.

10 F.Supp.2d 607 (1998)

UNITED STATES, Plaintiff, v. Wayne Keith BAILES, Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

June 29, 1998.

Attorney(s) appearing for the Case

Stephanie D. Thacker, Assistant United States Attorney, Charleston, WV, for Plaintiff.

Mary Lou Newberger, Assistant Federal Public Defender, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the Court is the defendant's second motion to dismiss the indictment. The indictment charges that on or about October 23, 1997, the defendant unlawfully possessed a firearm while subject to a protective order entered on May 15, 1997, in violation of 18 U.S.C. § 922(g)(8). The defendant argues that the protective order described in the indictment expired on September 30, 1997, when...

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