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U.S. v. SMALLBEAR

No. CR 04-1558 BB.

368 F.Supp.2d 1260 (2005)

UNITED STATES of America, Plaintiff, v. Felicia SMALLBEAR, Defendant.

United States District Court, D. New Mexico.

April 26, 2005.

Attorney(s) appearing for the Case

D. Penni Adrian, Albuquerque, NM, for Felicia J. Smallbear.

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS INDICTMENT

BLACK, District Judge.

DEFENDANT has moved to dismiss the one-count indictment charging her with first degree murder on the ground that the amended PROTECT Act, 18 U.S.C. § 1111, (the "Act"), as here applied, violates the Due Process Clause of the Fifth Amendment. At oral argument on the motion on March 22, 2005, Defendant...

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