Legal Opinion
United States v. Johnson
District Court, D. Nevada
Decided January 14, 2002No. CR-S-00-394-RLH (PAL)PublishedCited by 4 opinions
1Opinion of the Court
ORDER
HUNT, District Judge.
Before the Court is Defendant’s Motion to Dismiss Indictment (# 75, filed December 21, 2001), seeking dismissal on three grounds, although only two were discussed in the motion. The Government filed its Response (# 77) on January 7,2002.
Plaintiff seeks dismissal on the grounds that (a) he is being prosecuted vindictively; (b) the Court erred by further explaining the constructive possession; and (c) Mr. Johnson is being tried for the same crime twice.
BACKGROUND
Defendant Johnson was convicted on December 17, 1998, of Possession of a Controlled Substance with Intent to…
2Cases cited5 opinions
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- UNITED STATES of America, Plaintiff-Appellee, v. Massoud NOUSHFAR; Zohreh Shayesteh and Kamran Shayesteh, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1996
- United States v. Michael Gibson NorthCourt of Appeals for the Ninth Circuit · 1984
- United States v. William Stanley Stewart, A/K/A Stanislaus W. WhiteCourt of Appeals for the Ninth Circuit · 1985
- United States v. Tommy Lee GilbertCourt of Appeals for the Ninth Circuit · 2001
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