North Carolina Rainbow Case

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA

UNIITED STATES OF AMERICA
vs.                                      DOCKET NO. F1469799
JOHN E. JOHNSON, III

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1789813
WILLIAM V. LeTEMPT          

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1790048
JEFFERY O. PIKE

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1469792
DANIEL GALLAGHER

MOTION TO DISMISS

COME NOW the defendants, pursuant to Rule 29(c), Federal Rules of Criminal Procedure, to move this Court to set aside the verdict herein and enter judgments of acquittal . In support of this motion, the defendants show unto this Court that:

1. The regulation under which the defendants were prosecuted, 36 Code of Federal Regulations S261.10(j) on its face violates the First Amendment of the United States Constitution;

2. The regulation, whether or not constitutional on its face, was unconstitutionally enforced against these defendants. Respectfully submitted this 7th day of November, 1996.

1

PITTS,HAY, HUGENSCHMIDT & DEVEREUX, P.A.
P.O. Box 2868
Asheville, North Carolina 28802
Telephone: (704) 255-8085

By: (signed)
Sean P. Devereux

BRIAN MICHAELS
259 East 5th Avenue
Eugene, Oregon 97401
Telephone: (541) 687-0578

By:
Brian Michaels

Attorneys for the Defendants

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to Set Aside Verdict was [ ] served on the following by depositing a copy in United States Postal Service in a properly addressed envelope with adequate postage thereon, or [x] by leaving same at his office with a responsible partner or employee.

Mr. Thomas R. Ascik
Assistant United States Attorney
100 Otis Street, Room 207
Asheville, NC 28801

This 7th day of November, 1996.

(signed)
Terri M. Pettis
Legal Assistant