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U.S. v. MARTINEZ

No. CR 01-1340 JB.

376 F.Supp.2d 1168 (2004)

UNITED STATES of America, Plaintiff, v. Anthony P. MARTINEZ, Defendant.

United States District Court, D. New Mexico.

December 6, 2004.

Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney for the District of New Mexico, Roberto D. Ortega, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff.

Thomas B. Jameson, Assistant Federal Public Defender, Albuquerque, NM, for the Defendant.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Indictment, filed September 24, 2004 (Doc. 15). The Court held a hearing on this motion on December 3, 2004. The primary issues are whether the Court should dismiss the Indictment and whether a dismissal should be with or without prejudice. Because a period greater...

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