UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO. 11-80205-CR-MARRAUNITED STATES OF AMERICA,Plaintiff,vs.MITCHELL J. STEIN,Defendant./
ORDER DENYING MOTION TO DISMISS INDICTMENT
THIS CAUSE is before the Court upon Defendant's Omnibus Motion to DismissIndictment Pursuant to Rule 48(b) [DE 150]. In view of the fast approaching trial date, the Courthas determined that it should resolve this motion immediately without waiting for a responsefrom the United States. The Court having reviewed the pertinent portions of the record and beingduly advised in the premises, it is herebyORDERED and ADJUDGED as follows:First, this motion to dismiss is untimely. In fact, it is the second untimely motion todismiss filed by or on behalf of Defendant.
DE 52 and DE 61. Second, some of the mattersupon which Defendant relies for dismissal, by his own admission, were know to him long beforeany of his previous timely motions to dismiss were filed and cannot now, at the eleventh hour, beraised as a basis for dismissal.
Defendant’s Motion at 8 (In the beginning of 2010, AdamEisner stated in Defendant’s presence . . . ; During Defendant’s arrest, the U. S. PostalInspector stated . . .).Third, Defendant cannot assert that the government has engaged in conduct that shocks
Case 9:11-cr-80205-KAM Document 152 Entered on FLSD Docket 04/25/2013 Page 1 of 2