United States v. Del Monte

MEMORANDUM AND ORDER

CAFFREY, Chief Judge.

This matter came before the court for hearing on an appeal from an order of the United States Magistrate denying portions of defendant’s motion for discovery and on defendant’s motion to dismiss the information. Del Monte was charged in a criminal information with retarding the passage of mail in violation of 18 U.S.C. § 1701.

*249Defendant seeks to have the information dismissed on the ground that the piece of mail alleged to have been retarded is non-mailable matter, and therefore, defendant contends, the information does not set forth facts sufficient to…