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- cod;;1:16-cr-00329_de37 RegisterActionDate "2017-03-03" @default.
- cod;;1:16-cr-00329_de37 RegisterActionDescriptionText "ORDER denying 32 Motion to Dismiss as to E59BE3B: At bottom, Mr. E59BE3B motion is premised upon a simple syllogism: (a) Congressional enactments and internal Department of Justice policies suggest that persons producing or possessing marijuana in compliance with state law should not be criminally prosecuted; (b) Mr. E59BE3B was producing or possessing marijuana in compliance with Colorado law; and therefore (c) Mr. E59BE3B should not be prosecuted. The Court need not evaluate the correctness of premise (a), as the Government's position is that premise (b) is not established, and that Mr. E59BE3B production and possession of marijuana was not compliant with Colorado law in several respects. Because there is, at the very least, a question of fact as to whether Mr. E59BE3B was in full compliance with Colorado law, dismissal of the Indictment against him is not warranted at this time. Similarly, his contention that he is being subjected to selective prosecution because "there were thousands of individuals... engaged in marijuana activity identical to that engaged in" by him apparently assumes that Mr. E59BE3B is similarly situated to persons whose production or possession of marijuana is wholly compliant with Colorado law. Because there is a dispute as to whether Mr. E59BE3B was indeed in compliance with Colorado law, the Court cannot say at this time that Mr. E59BE3B is being subjected to any form of selective prosecution. Accordingly, his Motion to Dismiss the Indictment is denied. By Chief Judge Marcia S. Krieger on 3/3/17. Text Only Entry (msklc2, ) (Entered: 03/03/2017)" @default.
- cod;;1:16-cr-00329_de37 AdministrativeID "38" @default.
- cod;;1:16-cr-00329_de37 OntologyLabel order @default.
- cod;;1:16-cr-00329_de37 hasReferenceToOtherEntry cod;;1:16-cr-00329_de31 @default.