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U.S. v. MAGASSOUBA

Docket No. 06-2628-cr.

544 F.3d 387 (2008)

UNITED STATES of America, Appellee, v. Moustapha MAGASSOUBA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2008.

Attorney(s) appearing for the Case

Andrew R. Polland (John P. Cooney, Jr., on the brief), New York, NY, for Defendant-Appellant.

Maria E. Douvas, Assistant United States Attorney (Jonathan S. Kolodner, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: B.D. PARKER, RAGGI, and WESLEY, Circuit Judges.

REENA RAGGI, Circuit Judge:

Defendant Moustapha Magassouba appeals from a May 10, 2006 interlocutory order of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) that (1) denied his motion to dismiss the indictment charging him with conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin in violation of 21 U.S.C. §§ 841(a)(1) & (b)(1)(A), 846; and (2) ordered his...

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