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U.S. v. RUDZAVICE

No. 4:07-CR-138-A.

548 F.Supp.2d 332 (2008)

UNITED STATES of America v. James RUDZAVICE.

United States District Court, N.D. Texas, Fort Worth Division.

April 17, 2008.

Attorney(s) appearing for the Case

Christopher A. Curtis, Federal Public Defender, Fort Worth, TX, for James Rudzavice.

Alex Christopher Lewis, Robert Austin Klinck, U.S. Attorney's Office, Fort Worth, TX, for United States of America.

MEMORANDUM OPINION and ORDER

JOHN McBRYDE, District Judge.

Now pending in the above-captioned action is the motion of defendant, JAMES RUDZAVICE, to dismiss count two of the indictment. The government responded to defendant's motion on April 16, 2008. Having considered defendant's motion, the government's response, and applicable authorities, the court concludes that the motion should be denied.

First. "[t]he defendant contends...

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