United States v. Jayson Harris

SHADUR, D.J.,

delivered the opinion of the court, in which MOORE, J., joined. GIBBONS, J., (p 228), delivered a separate dissenting opinion.

OPINION

MILTON I. SHADUR, District Judge.

Jayson D. Harris (“Harris”) was indicted for conspiracy to make, utter and possess counterfeit payroll and business checks in violation of 18 U.S.C. §§ 371 and 513(a). After the district court denied both Harris’ motion to dismiss the indictment and his later motion for rehearing and reconsideration (hereafter the “Motion”), Harris entered a conditional plea of guilty and was sentenced. Harris now appeals the denial…