norml23 - Page 85
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counts in any manner affect the outcome, for the same sentencing
provisions apply for conspiracy, as for the substantive offense. 21
U_S°C. 846 and 21 UoS.C. 963.
V. CONCLUSION
For all of the foregoing reasons, it is respectfully submitted
that defendant's Motion to Dismiss the Indictmem: and for an
Evidentiary Hearing on the issue of the ctassification of marijuana as
a ScheduJe I substance be granted.
Respectfully submitted,
WtLUAM JOHN TROY
By Counsel
Counsel for the Accused:
MOFFITT, ZWERUNG & KENLER, PoC°
Alexandria Gateway
317 South Patrick Street
Alexandria, Virginia 22314
(703) 684-7900
BY:
WILLIAM Bo NOFF{TT
VA Bar #1 4877
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was mailed
first-class, postage prepaid, this day of , 1994 to:
Jim Alsup
Assistant United States Attorney
820 United States Courthouse
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