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Legal Opinion

United States v. Rose

District Court, D. New Mexico

Decided February 29, 2008No. CR 07-2145 BBPublishedCited by 2 opinions

1Opinion of the Court

Memorandum Opinion and Order Denying Motion to Dismiss

BRUCE D. BLACK, District Judge.

THIS MATTER is before the Court on Defendant’s Motion to Dismiss Indictment Without Prejudice on the Basis that the Current United States Attorney has been Unconstitutionally Appointed [doc. 53]. The Court having reviewed the briefs of counsel and additional authority, finds the Motion is without any legal justification, and it will be Denied.

I. Facts

David C. Iglesias, former United States Attorney for the District of New Mexico, resigned his position effective February 28, 2007. In the immediate wake of Mr.…

2Cases cited40 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Payne v. TennesseeSupreme Court of the United States · 1991
  4. Mistretta v. United StatesSupreme Court of the United States · 1989
  5. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952

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3Cited by2 opinions

  1. United States v. MartinezDistrict Court, D. New Mexico · 2008
  2. United States v. YoungDistrict Court, D. New Mexico · 2008

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