Free Order on Motion to Dismiss Counts - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 646

Filed 02/02/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. 4. 5. 6. 7. NORMAN SCHMIDT GEORGE ALAN WEED, PETER A.W. MOSS, CHARLES LEWIS, JANNICE McLAIN SCHMIDT, MICHAEL SMITH, and GEORGE BEROS,

Defendants. _____________________________________________________________________ ORDER DENYING JANICE McCLAIN SCHMIDT' MOTION TO DISMISS COUNTS 1, S 3-9, AND 20-29 OF SECOND SUPERSEDING INDICTMENT _____________________________________________________________________ Blackburn, J. The matter before me is the Motion To Dismiss Counts 1, 3-9, and 20-29 of Second Superseding Indictment [#604] filed December 30, 2005, by defendant, Jannice McClain Schmidt.1 I deny the motion.2 Defendant argues succinctly that Counts 1, 3-9, and 20-29 of the Second Superseding Indictment [#526] filed September 14, 2005, should be dismissed because

The motion is joined by defendants, Norman Schmidt, Charles Lewis, and George Beros. See Minute Order [#640] entered January 30, 2006. The issues raised by and inherent to the motion are briefed adequately; thereby, obviating the necessity for evidentiary hearing or oral argument.
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Case 1:04-cr-00103-REB

Document 646

Filed 02/02/2006

Page 2 of 2

" [w]ihin each of these counts, the conspiracy or fraudulent scheme is subject to dismissal because it is duplicitous in that it charges more than a single conspiracy within a single count."Motion at 1. I disagree and hold that the enumerated counts are not subject to dismissal as duplicitous for the reasons stated, arguments advanced, and authorities cited by the government in its response [#627] filed January 18, 2006, which needs no further festooned reiteration by me. THEREFORE, IT IS ORDERED that the Motion To Dismiss Counts 1, 3-9, and 20-29 of Second Superseding Indictment [#604] filed December 30, 2005, by defendant, Jannice McClain Schmidt, IS DENIED. Dated February 2, 2006, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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