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U.S. v. STATLER

No. Crim. 00-281-MG.

121 F.Supp.2d 925 (2000)

UNITED STATES of America v. Robert George STATLER, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

November 28, 2000.

Attorney(s) appearing for the Case

Calvin Steinmetz, Washington, DC, for plaintiff.

Stephanie D. Evans, Special Assistant U.S. Attorney, U.S. Attorney's Office, Alexandria, VA, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

The question presented by defendant Robert George Statler's motion to dismiss Count II of the Criminal Complaint is whether a charge of disorderly conduct under 36 C.F.R. § 2.34 for public masturbation precludes the application of the Assimilated Crimes Act ("ACA"), 18 U.S.C. § 13, to support a charge under the Virginia indecent exposure statute, Va.Code § 18.2-387, for the same conduct. For...

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