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U.S. v. HITT

No. CRIM 99-0353 PLF.

107 F.Supp.2d 29 (2000)

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

United States District Court, District of Columbia.

July 14, 2000.

Attorney(s) appearing for the Case

Lisa A. Prager, Asst. U.S. Atty., Washington, DC, for U.S.

Dan Marmalefsky, Morrison & Foerster, LLP, Los Angeles, CA, Eric J. Acker, Morrison & Foerster, LLP, San Diego, CA, for Defendant.

OPINION

PAUL L. FRIEDMAN, District Judge.

Under the Fifth Amendment to the United States Constitution, "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...." U.S. CONST. amend. V. As a consequence, a defendant may be prosecuted only for the crimes actually set forth in the indictment returned by the grand jury. Defendant Robert Hitt moves to dismiss the indictment...

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