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U.S. v. RAHMAN

No. 4:05-CR-63-1-D2, 4:05-CR-63-2-D2.

417 F.Supp.2d 725 (2006)

UNITED STATES of America v. Sammer Ahmad RAHMAN, and Nabeel Ahmad Rahman, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

January 20, 2006.

Attorney(s) appearing for the Case

John P. O'Hale, Narron, O'Hale & Whittington, Smithfield, NC, Larry J. McGlothlin, Fayetteville, NC, for Sammer Ahmad Abdel Rahman, Defendant.

Jerry Wayne Leonard, Law Office of Jerry Leonard, Joseph E. Zeszotarski, Jr., Poyner & Spruill, Raleigh, NC, for Nabeel Ahmad Rahman, Defendant.

John Bowler, U.S. Attorney's Office, Raleigh, NC, for USA, Plaintiff.

ORDER

DEVER, District Judge.

On October 24, 2005, defendant Nabeel Ahmad Rahman moved to dismiss Count 54 of the indictment on various grounds, including that it failed to allege an essential element of the crime as it was defined in 18 U.S.C. § 1960 during a portion of the time period charged in the count. Defendant Sammer Ahmad Abdel Rahman1 filed a motion to dismiss Count 54 on November 18, 2005. On December 9, 2005,...

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