United States v. McCullough

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Defendants have moved for dismissal of this indictment. They allege two grounds for the dismissal: 1) that the indictment does not charge a federal crime under the Hobbs Act, 18 U.S.C. § 1951; and 2) that their Fifth Amendment rights were violated by pre-indictment delay. For reasons stated below, this motion must be denied, but defendants may renew their claims at the close of the government’s case.

Federal Offense: The Hobbs Act

Defendants first argue that there is no basis for federal jurisdiction since the indictment fails to state a violation of…