United States v. Sayre

MEMORANDUM AND ORDER DENYING DEFENDANTS’ JOINT MOTION TO DISMISS

JOHN W. OLIVER, Senior District Judge.

This case pends on defendants’ joint motion to dismiss the ten count indictment which alleges violations of 42 U.S.C. § 1973i(c), “vote-buying,” and 18 U.S.C. § 371, conspiracy. Defendants allege (1) that if § 1973i(c) is construed to apply to “vote-buying” aimed solely at electing a county sheriff, such a construction would violate the Tenth Amendment, (2) that this Court does not have jurisdiction of “vote-buying” aimed solely at electing a county sheriff for the reason that such activity…