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UNITED STATES v. DOE

February 1, 1995

UNITED STATES OF AMERICA, Appellee, against JOHN DOE, Defendant-Appellant.


The opinion of the court was delivered by: RAYMOND J. DEARIE

 DEARIE, District Judge.

 The Clerk of the Court is directed to make available to the public the attached redacted version of the Court's Memorandum and Order dated October 4, 1994 in the captioned case. This redacted version along with this Order shall constitute part of the public record of this criminal matter in accordance with Magistrate Judge Steven Gold's decision granting defendant's motion to expunge the record.

 SO ORDERED.

 Dated: Brooklyn, New York

 February 1, 1995

 RAYMOND J. DEARIE

 United States District Judge

 MEMORANDUM AND ORDER

 DEARIE, District Judge.

 Defendant John Doe appeals from a judgment of conviction for public lewdness in the Gateway National Recreation Area, in violation of 36 C.F.R. § 7.29(c). After a non-jury trial, Magistrate Judge Steven Gold found John Doe guilty and sentenced him to a fine of $ 1.00 and a mandatory special assessment of $ 5.00. The Court has jurisdiction over this appeal pursuant to 18 U.S.C. § 3402.

 John Doe raises two issues on appeal. First, he argues that the government failed to present sufficient evidence that the conduct occurred in a public place. Second, John Doe contends that he was denied a fair trial by the ineffective assistance of counsel, who failed to argue that the charges against John Doe should be dismissed, either (a) because they were the result of selective prosecution, or (b) because the statutory language is unconstitutionally vague.

 The Court reverses John Doe's conviction on the grounds that the there was insufficient evidence to prove an essential element of the offense, that the act occurred in a public place. Therefore, there is no need to reach John Doe's secondary challenges, ...


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