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U.S. v. BIRD

No. H-03-0163.

279 F.Supp.2d 827 (2003)

UNITED STATES of America, Plaintiff, v. Frank Lafayette BIRD, Defendant

United States District Court, S.D. Texas, Houston Division.

August 18, 2003.

Attorney(s) appearing for the Case

Financial Litigation, U.S. Attorney's Office, Southern District of Texas, Richard Harris, Office of U.S. Attorney, U.S. Probation —H, Pretrial Services—H, Houston, TX, for U.S. Attorneys.

Frank Lafayette Bird, Jr., In Custody, Federal Public Defender, Brent Evan Newton, Asst. Fed. Pub. Defender, Houston, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

HOYT, District Judge.

I. INTRODUCTION

Before the Court is the defendant, Frank Lafayette Bird's motion to dismiss the indictment against himself based on his contention that the Freedom of Access to Clinic Entrance ["FACE"] Act is unconstitutional. See Title 18 U.S.C. § 248. Also before the Court is the government's opposition and response to the defendant...

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