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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 RECONSIDER THE COURT'S DENIAL OF HIS MOTION TO DISMISS COUNT 16

At a hearing on July 12, 2010, the Court heard, among other motions, defendant Gary Ermoian's motion to reconsider the Court's denial of his motion to dismiss count 16 of the Second Superseding Indictment as unconstitutionally vague in light of Skilling v. United States, No. 08-1394 (U.S. June 24, 2010) (document 502), which was filed June 29, 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.

After hearing argument of counsel, IT IS HEREBY ORDERED that defendant's motion for reconsideration is denied as the Skilling case does not change the Court's prior ruling on the motion to dismiss.

Hon. Oliver W. Wanger United States District Judge

20100722

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