Legal Opinion

United States v. McLemore

District Court, E.D. Michigan

Decided March 7, 1978No. Crim. 7-80884PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

PHILIP PRATT, District Judge.

Defendant Harold McLemore, Jr., is charged with escape from a federal penal facility in violation of 18 U.S.C. § 751 and with illegal possession of a firearm in violation of 18 U.S.C. § 1202(a)(1) (Appendix). 1 The case is presently before the Court on his motion to dismiss. The matters raised in the motion were the subject of an evidentiary hearing conducted on November 11, 1977.

The government does not, in any material fashion, dispute the defendant’s version of the facts. From the pleadings filed…

2Cases cited33 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  4. United States v. MarionSupreme Court of the United States · 1971
  5. United States v. LovascoSupreme Court of the United States · 1977

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3Cited by11 opinions

  1. Filimon Castillo Perez v. George E. Sullivan, Warden, and Attorney General, State of New MexicoCourt of Appeals for the Tenth Circuit · 1986
  2. United States v. John Dillard O'BryantCourt of Appeals for the Eleventh Circuit · 1985
  3. United States v. Joseph John RussoCourt of Appeals for the Eleventh Circuit · 1984
  4. State v. EstencionHawaii Supreme Court · 1981
  5. United States v. Sabatino Ciammitti (No. 82-1897), Antonio Ciammitti (No. 82-1923)Court of Appeals for the Sixth Circuit · 1983

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