norml21 - Page 91
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Court to make certain findings of fact and conclusions of law
before either granting or denying defendant's motion to dismiss.
Rule 12(e) of the Federal Rules of Criminal Procedure
provides:
(e) Ruling on motion° A motion made before
trial shall be determined before trial unless
the courts for good causer orders that it be
deferred for determination at the trial of
the general issue or until after verdictf but
no such determination shall be deferred if a
party's right to appeal is adversely
affected° Where factual issued are involved
in determininq_a _tion th court shall
state its essential finjA___!_the record_
Fed. Ro Crim. P.12(e) (emphasis added)°
"[F]indings of fact and conclusions of law are mandatory and
must be sufficient in detail and exactness to imdicate the
factual basis for the ultimate conclusion reached by the court_ '_
Acme Boa_L Rentals, Inc. Vo J. Ray McDermott &C______o_ Inco, 407 Fo2d
1324_ 1325 (Sth Ciro 1969} o See al_, United _tates vo Renteri___a,
625 F.2d 1279, 1282 (5th Cir° 1980); _/!_JSta______e__ v. R_,
606 Fo 2d 853_ 860 (9th Cir° 1979); Unitej States VoJone___________, 542
F.2d 661_ 664 (6th Cir. 1976); United Stat___a__i v. Winnie Mae Mfg__
C o.f 451 F. Supp. 642, 650-651 (C.Do Ca!ifo 2978); and United
StatEs Vo Parson_ 448 F_ Supp. 733r 735 (WoD°MOo 1978)o
The government may contendr as it has in the past, that with
respect to the relative harmlessness of marijuana that all of the
facts are not yet known and therefore the prohibition and
91
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