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United States of America v. Nicholas Djokich

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Before

Torruella, Lipez, and Howard, Circuit Judges.

Appellant Nicholas Djokich was indicted with Eginardo DeAngelis on one count of conspiracy to commit kidnaping in violation of 18 U.S.C. § 1201(a)(1) and (c), and one count of conspiracy to use interstate commerce facilities in the commission of murder for hire in violation of 18 U.S.C. § 1958. Djokich moved to dismiss the indictment, citing outrageous government misconduct in manufacturing federal jurisdiction. The district court deferred ruling on the motion to dismiss, and the case proceeded to a fourteen-day trial. On June 16, 2010, a jury convicted Djokich on both counts.*fn1 Two days later, the district court denied the motion to dismiss. Djokich was sentenced to 240 months’ imprisonment, followed by 36 months of supervised release, and fined $25,000.

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