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U.S. v. FOX

No. CR 05-772 JB.

557 F.Supp.2d 1251 (2007)

UNITED STATES of America, Plaintiff, v. Dionysius FOX, Defendant.

United States District Court, D. New Mexico.

July 16, 2007.

Attorney(s) appearing for the Case

Larry Gomez, Acting United States Attorney, Louis E. Valencia, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff.

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for the Defendant

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss or, in the Alternative, to Present an Affirmative Defense Based on His Treaty-Recognized Right to Bear Arms for the Purpose of Hunting, filed March 26, 2007 (Doc. 78)("Motion"). The Court held an evidentiary hearing on the motion on May 22, 2007. The primary issues are: (i) whether the right to hunt recognized...

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