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U.S. v. VIVONE

No. 4:06-cr-00071.

471 F.Supp.2d 963 (2007)

UNITED STATES of America, Plaintiff, v. Joseph James VIVONE, Defendant.

United States District Court, S.D. Iowa, Central Division.

January 22, 2007.

Attorney(s) appearing for the Case

Clifford D. Wendel, U.S. Attorney's Office, Des Moines, IA, for Plaintiff.

James. F. Whalen, Federal Public Defender, Des Moines, IA, for Defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

PRATT, Chief Judge.

I. PROCEDURAL BACKGROUND

Before the Court is a Motion to Dismiss filed by the Defendant, Joseph James Vivone, on October 25, 2006. Clerk's No. 18. The Government filed a" Response on November 13, 2006. Clerk's No. 21. A hearing on this matter was held on December 11, 2006. Clerk's No. 28. The matter is fully submitted.

II. FACTUAL BACKGROUND

On April 12, 2006, the Grand...

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