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06-447 - USA v. NEWMARK et al


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06-447 - USA v. NEWMARK et al
April 4, 2008
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MEMORANDUM AND ORDER AS TO BRIAN J. NEWMARK, JOHN N. WIGHT THAT MR. NEWMARK'S MOTION FOR ACQUITTAL UNDER RULE 29 AT THE CLOSE OF GOVERNMENT'S CASE (DOC. #96), AS SUPPLEMENTED BY HIS SUPPLEMENTAL MOTION FOR ACQUITTAL UNDER RULE 29 AT THE CLOSE OF GOVERNMENT'S CASE (DOC. #110) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: WITH RESPECT TO COUNTS 3 AND 5 OF THE INDICTMENT, THE MOTION (DOC. #96, 110) IS GRANTED, AND THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF BRIAN J. NEWMARK AS TO THOSE COUNTS. THE MOTION (DOC. #96, 110) IS DENIED IN ALL OTHER RESPECTS. MR. NEWMARK'S MOTION FOR ACQUITTAL UNDER RULE 29(c), NEW TRIAL UNDER RULE 33(a) AND ARREST OF JUDGMENT UNDER RULE 34(a) (DOC. #111), AS SUPPLEMENTED BY HIS MOTION FOR ACQUITTAL UNDER RULE 29(c), NEW TRIAL UNDER RULE 33(a) AND ARREST OF JUDGMENT UNDER RULE 34(a)WITH ANNOTATIONS TO THE TRIAL TRANSCRIPT (DOC. #131) IS MOOT IN PART AND DENIED IN PART AS FOLLOWS: WITH RESPECT TO COUNTS 3 AND 5 OF THE INDICTMENT, THE MOTION (DOC. #111, 131) IS MOOT. THE MOTION (DOC. #111, 131) IS DENIED IN ALL OTHER RESPECTS. MR. WIGHT'S MOTION FOR ACQUITTAL (DOC. #109) IS GRANTED, AND THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF JOHN N. WIGHT AS TO COUNT 4 OF THE INDICTMENT. IT IS FURTHER ORDERED THAT FOR THE REASONS DISCUSSED ON THE RECORD IN OPEN COURT ON 10/17/07 AND 10/19/07, THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF BRINA J. NEWMARK AND JOHN N. WIGHT AS TO COUNT 2 OF THE INDICTMENT. Signed by HONORABLE GENE E.K. PRATTER on 4/4/08.4/4/08 Entered and Copies E-Mailed. (ke)MEMORANDUM AND ORDER AS TO BRIAN J. NEWMARK, JOHN N. WIGHT THAT MR. NEWMARK'S MOTION FOR ACQUITTAL UNDER RULE 29 AT THE CLOSE OF GOVERNMENT'S CASE (DOC. #96), AS SUPPLEMENTED BY HIS SUPPLEMENTAL MOTION FOR ACQUITTAL UNDER RULE 29 AT THE CLOSE OF GOVERNMENT'S CASE (DOC. #110) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: WITH RESPECT TO COUNTS 3 AND 5 OF THE INDICTMENT, THE MOTION (DOC. #96, 110) IS GRANTED, AND THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF BRIAN J. NEWMARK AS TO THOSE COUNTS. THE MOTION (DOC. #96, 110) IS DENIED IN ALL OTHER RESPECTS. MR. NEWMARK'S MOTION FOR ACQUITTAL UNDER RULE 29(c), NEW TRIAL UNDER RULE 33(a) AND ARREST OF JUDGMENT UNDER RULE 34(a) (DOC. #111), AS SUPPLEMENTED BY HIS MOTION FOR ACQUITTAL UNDER RULE 29(c), NEW TRIAL UNDER RULE 33(a) AND ARREST OF JUDGMENT UNDER RULE 34(a)WITH ANNOTATIONS TO THE TRIAL TRANSCRIPT (DOC. #131) IS MOOT IN PART AND DENIED IN PART AS FOLLOWS: WITH RESPECT TO COUNTS 3 AND 5 OF THE INDICTMENT, THE MOTION (DOC. #111, 131) IS MOOT. THE MOTION (DOC. #111, 131) IS DENIED IN ALL OTHER RESPECTS. MR. WIGHT'S MOTION FOR ACQUITTAL (DOC. #109) IS GRANTED, AND THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF JOHN N. WIGHT AS TO COUNT 4 OF THE INDICTMENT. IT IS FURTHER ORDERED THAT FOR THE REASONS DISCUSSED ON THE RECORD IN OPEN COURT ON 10/17/07 AND 10/19/07, THE CLERK SHALL ENTER A JUDGMENT OF ACQUITTAL IN FAVOR OF BRINA J. NEWMARK AND JOHN N. WIGHT AS TO COUNT 2 OF THE INDICTMENT. Signed by HONORABLE GENE E.K. PRATTER on 4/4/08.4/4/08 Entered and Copies E-Mailed. (ke)
May 22, 2008
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MEMORANDUM AND ORDER AS TO BRIAN J. NEWMARK THAT 142 MOTION FOR RECONSIDERATION AS TO COUNT 1 ON DEFENDANT'S RULE 29(A) AND 33(A) MOTIONS FILED BY BRIAN J. NEWMARK IS DENIED. Signed by HONORABLE GENE E.K. PRATTER on 5/21/08.5/22/08 Entered and Copies E-Mailed. (ke)
July 30, 2008
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MEMORANDUM AND ORDER AS TO BRIAN J. NEWMARK THAT THE ORAL MOTION OF DEFT. FOR RELEASE PENDING APPEAL PURSUANT TO SEC. 3143(b) OF THE BAIL REFORM ACT OF 1984, 18 U.S.C. SEC. 3143(b), IS GRANTED. DEFT. SHALL REMAIN SUBJECT TO THE SAME TERMS AND CONDITIONS REGARDING HIS RELEASE AS HAVE HERETOFORE EXISTED. Signed by HONORABLE GENE E.K. PRATTER on 7/30/08.7/31/08 Entered and Copies E-Mailed. (ke)