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17-012 - USA v. Lee et al


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17-012 - USA v. Lee et al
January 22, 2018
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OPINION AND ORDER as to Brent M. Lee, Paul D. Fannin, Chelsea Stone: 1) Dft Stone's motion 37 to join dft Fannin's motion to dismiss is GRANTED; 2) Dft Fannin's motion to dismiss 36 is DENIED; 3) Dft Lee's motion to dismiss charges of misapplying bank funds 38 for failure to allege necessary facts is DENIED; and 4) Dft Lee's motion to dismiss Counts 2 and 3 39 as multiplicitous is DENIED as premature with leave for Lee to reassert t he motion after the government has presented its case in chief. The motion to dismiss other charges as multiplicitous 39 is DENIED. Signed by Judge Karen K. Caldwell on 1/22/2018. (RCB)cc: COR,USM,USP OPINION AND ORDER as to Brent M. Lee, Paul D. Fannin, Chelsea Stone: 1) Dft Stone's motion 37 to join dft Fannin's motion to dismiss is GRANTED; 2) Dft Fannin's motion to dismiss 36 is DENIED; 3) Dft Lee's motion to dismiss charges of misapplying bank funds 38 for failure to allege necessary facts is DENIED; and 4) Dft Lee's motion to dismiss Counts 2 and 3 39 as multiplicitous is DENIED as premature with leave for Lee to reassert t he motion after the government has presented its case in chief. The motion to dismiss other charges as multiplicitous 39 is DENIED. Signed by Judge Karen K. Caldwell on 1/22/2018. (RCB)cc: COR,USM,USP OPINION AND ORDER as to Brent M. Lee, Paul D. Fannin, Chelsea Stone: 1) Dft Stone's motion 37 to join dft Fannin's motion to dismiss is GRANTED; 2) Dft Fannin's motion to dismiss 36 is DENIED; 3) Dft Lee's motion to dismiss charges of misapplying bank funds 38 for failure to allege necessary facts is DENIED; and 4) Dft Lee's motion to dismiss Counts 2 and 3 39 as multiplicitous is DENIED as premature with leave for Lee to reassert t he motion after the government has presented its case in chief. The motion to dismiss other charges as multiplicitous 39 is DENIED. Signed by Judge Karen K. Caldwell on 1/22/2018. (RCB)cc: COR,USM,USP