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U.S. v. Torres-Gonzalez, No. 07-170 (JAG) (D.Puerto Rico) (526 F.Supp.2d 210) (November 30, 2007) (Judge Jay A. Garcia-Gregory)

Rule 7(d) of the Fed.R.Crim.P. 7(d) states that a defendant may move to strike “surplusage” from an indictment. The Rule is silent, however, as to what constitutes “surplusage,” although the accompanying advisory committee note explains that the Rule “introduces a means of protecting the defendant against immaterial or irrelevant allegations ...

 

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