United States v. Shaffer

MEMORANDUM OPINION AND ORDER

LATCHUM, Chief Judge.

Defendants Albert Martin Shaffer, Jr., also known as “Monk,” and Basil Vespe have moved to dismiss 1 a four count indictment that was returned against them on August 6, 1974, charging a violation of 18 U.S.C. § 1952(a)(3) 2 and of 18 U.S.C. § 371. 3 The first count charges Shaffer with traveling in interstate commerce on or about July 10, 1974, in violation of 18 U.S.C. § 1952(a)(3). 4 The second and third counts charge Shaffer with using a facility in interstate commerce, viz., a telephone, on or about July 12, 1974 and July 22, 1974,…