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United States v. Kane

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SHAUN KANE, DEFENDANT

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER VACATING JUDGMENT

DATED SEPTEMBER 22, 2004

After a jury found Defendant Shaun Kane guilty of 18 U.S.C. § 113(a) and 18 U.S.C. § 113(a)(3), on September 22, 2004, the court entered judgment. The judgment committed Defendant Shaun Kane to the Bureau of Prisons to be imprisoned for 240 months.

On November 17, 2005, the Ninth Circuit Court of Appeals reversed the judgment as to 18 U.S.C. § 113(a) and reversed and remanded this action as to 18 U.S.C. § 113(a)(3). Defendant was then re-tried as to 18 U.S.C. § 113(a)(3). On December 6, 2007, the jury found Defendant not guilty of violating 18 U.S.C. § 113(a)(3).

Accordingly, in light of the Ninth Circuit Court of Appeals' order and the jury's not guilty finding, the court's judgment dated September 22, 2004 is VACATED.

IT IS SO ORDERED.

20090210

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