District Court, N.D. New York April 1, 2009, 5:08-cv-00701 (United States v. Malachowski)

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I.

INTRODUCTION

Defendant Marcel Malachowski, a/k/a Memo, (“defendant”) is charged with six

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offenses in the First Superceding Indictment (the “Indictment”).

Count One

charges defendant with knowingly possessing twenty-five machine guns in violation of 18 U.S.C. § 922(o).