United States v. Kelso

MEMORANDUM OPINION

ACKER, District Judge.

Pursuant to the Memorandum Opinion and Order entered by this court on November 7, 1986, in United States v. Tucker, et al., 646 F.Supp. 1543 (N.D.Ala.1986), United States v. Kelso was called for trial on November 13, 1986, upon the heels of the trial of United States v. Creekmore, in which the United States, at the hands of the jury, obtained a conviction of Creek-more for conspiracy to violate 18 U.S.C. § 245(b)(2)(B). When called upon to prosecute Kelso, the Government reiterated its refusal to prosecute as already set forth in the notice it filed on…