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United States v. Ermoian

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


July 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GARY ERMOIAN, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

ORDER RE: DEFENDANT GARY ERMOIAN'S MOTION TO EXCLUDE ANY STATEMENT OF HIS CO DEFENDANTS THAT MENTIONS ERMOIAN UNDER BRUTON v. UNITED STATES, 391 U.S. 123 (1968)

At a hearing on July 12, 2010, the Court heard, among other motions, defendant Gary Ermoian's motion to exclude any statement of co-defendants Swanson and Johnson that mentions Ermoian under Bruton v. United States, 391 U.S. 123 (1968) (document 503), which was filed July 2, 2010. Assistant U.S. Attorneys Mark E. Cullers and Laurel J. Montoya appeared for the government and attorney John Balazs appeared for Mr. Ermoian. Attorney Carl Faller appeared for defendant Steven J. Johnson and attorney Robert Forkner appeared for defendant Dave A. Swanson.

At the hearing, the Court asked the parties to submit the contested statements for the Court's review prior to ruling. Pursuant to the agreement of the parties, the Court hereby adopts the following further schedule on the Bruton motion:

Defendants' supplemental brief with statements sought to be excluded is due July 21, 2010;

Government's response is due July 28, 2010; and Further hearing on the motion is set for August 2, 2010, at 2:30 p.m.

IT IS SO ORDERED.

Hon. Oliver W. Wanger United States District Judge

20100722

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