Legal Opinion

United States v. Baldwin

District Court, D. New Mexico

Decided February 26, 2008No. CR 07-2240 JBPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES 0. BROWNING, District Judge.

THIS MATTER comes before the Court on .the Defendant’s Motion to Dismiss Indictment Without Prejudice on the Basis that the Current United States Attorney has been Unconstitutionally Appointed, filed January 30, 2008 (Doc. 15)(“Motion”). The Court held a hearing on February 19, 2008. The primary issues are: (i) whether the Court should reach the constitutional issues that Defendant Carl Dean Baldwin raises, or dismiss the indictment against Baldwin, given that the indictment was secured during the tenure of a prior,…

2Cases cited44 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Heckler v. ChaneySupreme Court of the United States · 1985
  4. Mistretta v. United StatesSupreme Court of the United States · 1989
  5. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983

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3Cited by6 opinions

  1. White Mountain Health Center, Inc. v. Maricopa CountyCourt of Appeals of Arizona · 2016
  2. Parrish v. Valero Retail Holdings, Inc.District Court, D. New Mexico · 2010
  3. GEWIN v. DodrillDistrict Court, District of Columbia · 2011
  4. Conner v. CostelloDistrict Court, S.D. Alabama · 2025
  5. United States v. MartinezDistrict Court, D. New Mexico · 2008

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