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 IN THE UNITED STATES DISTRICT COURT
 FOR THE DISTRICT OF MARYLAND
 UNITED STATES OF AMERICA
 v° : Crintinal No o B-93-0391
 DAVID EDWIN BOEGGEHAN, ET ALo,
 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT
 WILLIAM JOHN TROY, III MOTION TO DISMISS
 INDICTMENT ON THE GROUNDS THAT NINTH AND
 TENTH AMENDMENTS TO THE UNITED STATES
 CONSTITUTION PROHIBIT PUNISHMENT OF CRIMES
 WITHOUT VICTIMS AS A VIOLATION OF THE RIGHT
 RETAINED BY THE PEOPLE, TO BE FREE FROM
 CRIMINAL PROSECUTION FOR POSSESSING A
 SUBSTANCE HAVING RELATIVELY HA_LESS EFFECTS
 ON THE USER_ OTHER PERSONS OR SOCIETY
 Io THE HISTORICAL FOUNDATION OF THE NINTH AND TENTH AMENDMENTS
 SUPPORTS THE PROPOSITION THAT THEY WERE INCLUDED IN THE
 CONSTITUTION TO AFFORD SUBSTANTIVE PROTECTION FOR
 UNENUMERATED RIGHTS WHICH ARE RETAINED BY THE PEOPLE.
 Ao Punishment of victimless crimes is a holdover from the
 enforcement of religious morality prevalent in the pre-
 revolutionary colonial period.
 In pre-revolutionary colonial American, religion and
 religious moral value were a way of life and all of the colonies'
 institutions reflected these religious values. The foundations
 for the strict moral standards of the colonists lay in the
 Puritan beginnings of New England° "Because Puritanism was a way
 of life_ it had social and political implications of great
 magnitude. It assumed that its disciples would regulate not only
 their own conduct, but that of others, so that the world could be
 iili !il 




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