Legal Opinion

United States v. Martinez

District Court, D. New Mexico

Decided May 9, 2008No. CR-07-615 WJPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS INDICTMENT WITHOUT PREJUDICE ON BASIS THAT CURRENT UNITED STATES ATTORNEY HAS BEEN UNCONSTITUTIONALLY APPOINTED

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court on Defendant Raul Parra’s (“Parra’s”) Motion to Dismiss Indictment without Prejudice on the Basis that the Current United States Attorney (“U.S. Attorney”) has been Unconstitutionally Appointed, filed January 30, 2008 (Doc. 199). Having considered the parties’ legal memoranda, oral arguments of counsel and the applicable law, I find and conclude that the…

2Cases cited16 opinions

  1. Mistretta v. United StatesSupreme Court of the United States · 1989
  2. Myers v. United StatesSupreme Court of the United States · 1926
  3. Morrison v. OlsonSupreme Court of the United States · 1988
  4. Ex Parte SieboldSupreme Court of the United States · 1880
  5. Kilbourn v. ThompsonSupreme Court of the United States · 1881

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