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U.S. v. MALACHOWSKI

No. 5:08-CR-701.

604 F.Supp.2d 512 (2009)

UNITED STATES of America, v. Marcel MALACHOWSKI, a/k/a Memo, Defendant.

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

April 1, 2009.

Attorney(s) appearing for the Case

Salvatore E. Strazzullo, Esq., Strazzullo Law Firm, P.C., Ikiesha T. Al-Shabazz, Esq., of Counsel, New York, NY, for Defendant.

Hon. Andrew T. Baxter, Esq., Office of the United States Attorney, Carl G. Eurenius, Esq., of Counsel, Assistant United States Attorney, Tamara Thomson, Esq., of Counsel, Assistant United States Attorney, Syracuse, NY, for the United States of America.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Defendant Marcel Malachowski, a/k/a Memo, ("defendant") is charged with six offenses in the First Superceding Indictment (the "Indictment"). Count One charges defendant with knowingly possessing twenty-five machine guns in violation of 18 U.S.C. § 922(o). Count Two charges defendant...

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