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U.S. v. KIRKSEY

No. 00-CR-80654.

174 F.Supp.2d 611 (2001)

UNITED STATES of America, Plaintiff, v. Anthony KIRKSEY, Defendant.

United States District Court, E.D. Michigan, Southern Division.

December 4, 2001.

Attorney(s) appearing for the Case

Bruce C. Judge, AUSA, Eric M. Straus, AUSA, Detroit, MI, for plaintiff.

S. Allen Early, III, Detroit, MI, for defendant.

OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT

ROSEN, District Judge.

I. INTRODUCTION

Defendant Anthony Kirksey is charged in a one-count indictment with possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). On September 14, 2001, Kirksey filed a Motion to Dismiss Indictment contending (a) that 21 U.S.C. § 841(b)(1)(A) and (b)(1)(B) (the penalty provisions of the statute...

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