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Article • February 1, 2008 • from P&J February, 2008
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) by 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 …
Article • December 1, 1998 • from P&J December, 1998
U.S. v. Hsia, No. Crim. No. 98-0057(PLF) (D.D.C.) (24 F.Supp.2d 14) (August 13, 1998) (Judge Paul L. Friedman) by This decision is one of three related decisions by Judge Friedman addressing a series of pretrial motions filed in a high-profile illegal campaign contribution case. Because there were allegations that the …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Oakar, No. 96-3084 (D.C. Cir.) (111 F.3d 146) (April 18, 1997) (Judge Judith W. Rogers) by Case held that material included in an indictment that can fairly be described as 'surplus' may only be stricken if it is irrelevant and prejudicial." (Id., at 157).