Legal Opinion

United States v. Miller

District Court, N.D. New York

Decided October 7, 1998No. 1:97-mj-00199PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

On July 20, 1998, this Court heard oral argument and decided from the bench numerous discovery motions made by defendants. 1 The Court now addresses defen dants’ remaining motions, seeking variously: to strike surplusage from the indictment; dismissal of the indictment; and the return of seized property.

For the reasons that follow, defendants’ motions are granted in part and denied in part.

1. BACKGROUND

A. The Government’s Allegations

On July 10, 1997, a grand jury indicted twenty-one defendants on various counts of a seven-count superseding…

2Cases cited66 opinions

  1. Abel v. United StatesSupreme Court of the United States · 1960
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. United States v. KagamaSupreme Court of the United States · 1886
  4. United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
  5. Wong Tai v. United StatesSupreme Court of the United States · 1927

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3Cited by12 opinions

  1. United States v. John WalshCourt of Appeals for the Second Circuit · 1999
  2. John Fountain, Also Known as Chick v. United StatesCourt of Appeals for the Second Circuit · 2004
  3. United States v. ParkerDistrict Court, W.D. New York · 2001
  4. United States v. Bin LadenDistrict Court, S.D. New York · 2000
  5. Attorney General of Canada v. RJ Reynolds Tobacco Holdings, Inc.District Court, N.D. New York · 2000

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