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U.S. v. McINTOSH

May 24, 2004.

UNITED STATES OF AMERICA, Plaintiff,
v.
CARLTON McINTOSH, Defendant



The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Defendant moves, pro se, to dismiss the indictment. That motion is denied.

His grounds are two, but they are interrelated and are, moreover, related to his earlier motion to exclude records. He argues that the records are so tainted that his due process rights have been violated and that the indictment fails to charge an offense because he did not escape. But the indictment clearly does charge an offense, although proving it is another matter. The trustworthiness of the records, or lack thereof, will be explored at trial.

20040524

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