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U.S. v. MUNS

No. CRIM. 00-00394 SOM.

192 F.Supp.2d 1046 (2002)

UNITED STATES of America, Plaintiff, v. James Michael MUNS; Frank Gutierrez; Borti Petrich; and Everett Galisa, Defendants.

United States District Court, D. Hawaii.

January 16, 2002.

Attorney(s) appearing for the Case

Thomas J. Brady, Assistant U. S. Attorney, Office of the United States Attorney, Honolulu, HI, for Plaintiff.

Leslie S. Fukumoto, Pamela O'Leary Tower, Honolulu, HI, for Defendant Gutierrez.

Edmundo B. Espinoza, Del Mar, CA, for Defendant Muns.

Roger J. Rosen, Los Angeles, CA, for Defendant Petrich.

Darwin L.D. Ching, Honolulu, HI, for Defendant Galisa.

ORDER DENYING DEFENDANT FRANK GUTIERREZ'S MOTION TO STRIKE SURPLUSAGE AND/OR DISMISS COUNTS 1 AND 2 OF THE INDICTMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

Defendant Frank Gutierrez ("Gutierrez") asks this court to strike surplusage from the indictment in this case and/or dismiss Counts 1 and 2 of that indictment. Gutierrez says that 21 U.S.C. § 841 is unconstitutional based on Apprendi v. New Jersey,

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