U.S. v. HEIJNEN

No. CR. 03-2072 JB.

376 F.Supp.2d 1193 (2005)

UNITED STATES of America, Plaintiff, v. Antonius Maria HEIJNEN, and Elizabeth A. Perraglio, Defendants.

United States District Court, D. New Mexico.

February 16, 2005.


Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney for the District of New Mexico, Jonathon M. Gerson, Stephen R. Kotz, Assistant United States Attorneys, Albuquerque, NM, for Plaintiff.

Antonius Maria Heijnen, Torrance County Detention Center, Estancia, NM, Pro se Defendant.

Ann Steinmetz, Albuquerque, Standby, NM, for Defendant Antonius Maria Heijnen.

Penni Adrian, Albuquerque, NM, for Defendant Elizabeth A. Perraglio.


MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Antonius Maria Heijnen's First Motion to Dismiss (Lack of jurisdiction for failure to serve summons and indictment under federal rules), filed January 25, 2005 (Doc. 65). The Court held a hearing on this motion on January 31, 2005. The issue is whether the United States' failure to serve Heijnen properly with the summons and Indictment...

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