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U.S. v. SCALA

No. S1 04 Crim. 0070(LAK).

388 F.Supp.2d 396 (2005)

UNITED STATES of America, v. Salvatore SCALA and Thomas Sassano, Defendants.

United States District Court, S.D. New York.

September 28, 2005.

Attorney(s) appearing for the Case

Joon H. Kim, Christopher P. Conniff, Office of the United States Attorney for the Southern District of New York, for the United States.

Bruce A. Barket, The Law Offices of Bruce A. Barket, P.C., for Defendant Salvatore Scala.

Ronald Rubenstein, Rubenstein & Corozzo, LLP, for Defendant Thomas Sassano.

MEMORANDUM OPINION

KAPLAN, District Judge.

Defendant Salvatore Scala, who stands indicted for extortion, conspiracy to commit extortion, and federal income tax evasion, moves to dismiss Counts One through Five of the indictment on the ground that the government's delay in bringing the indictment substantially has prejudiced his ability to present his defense.1 In the alternative, he requests a "due process hearing" to explore...

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