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U.S. v. HENSON

No. 2:99-00068.

55 F.Supp.2d 528 (1999)

UNITED STATES of America, Plaintiff, v. Henry M. HENSON, Defendant.

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

June 14, 1999.

Attorney(s) appearing for the Case

Steve Loew, Assistant U.S. Attorney, Charleston, WV, for plaintiff.

George H. Lancaster, J., Assistant Federal Public Defender, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant's motion to dismiss the indictment pursuant to the Second and Fifth Amendments to the United States Constitution.1 For reasons discussed more fully below, the Court DENIES the motion.

I. FACTUAL BACKGROUND

In April 1990 Defendant was convicted of the felony of second degree arson in the Circuit Court of Mason County, West...

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