United States v. Sabini

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNT II

HIGHSMITH, District Judge.

THIS CAUSE came before the Court upon Defendant Joseph Francis Sabini’s motion to dismiss Count II of the indictment. For the reasons stated below, the Court denies the defendant’s motion.

PROCEDURAL BACKGROUND

The indictment in this action charges the defendant with three offenses. Count I charges Sabini with violation of 18 U.S.C. § 2119, commonly known as the “carjacking” statute. Count II charges him with use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). Count III…