No. 03-CR-851 (ADS).

659 F.Supp.2d 415 (2009)

UNITED STATES of America, v. Ledwin CASTRO, Defendant.

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

October 3, 2009.

Attorney(s) appearing for the Case

Benton J. Campbell, United States Attorney, Eastern District of New York, by Richard P. Donoghue, Assistant United States Attorney, John J. Durham, Assistant United States Attorney, Central Islip, NY.

Law Office of Peter J. Tomao, by Peter J. Tomao, Esq., of Counsel, Garden City, NY, for Defendant Ledwin Castro.


SPATT, District Judge.

Presently before the Court are various pre-trial motions by Defendant Ledwin Castro ("Castro"). Castro contends that: (1) the indictment must be dismissed under the rule announced in Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959) because it violates the Fifth Amendment's prohibition on...

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