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U.S. v. JERKE

Crim. No. 95-40012.

896 F.Supp. 962 (1995)

UNITED STATES of America, Plaintiff, v. Donald L. JERKE, Roger J. Raether, Russell D. Hawkins, Defendants.

United States District Court, D. South Dakota, Southern Division.

August 3, 1995.

Attorney(s) appearing for the Case

Ted L. McBride, U.S. Attorney's Office, Rapid City, SD, John J. Ulrich, U.S. Attorney's Office, Sioux Falls, SD, for plaintiff.

Daniel P. Johnson, Sioux Falls, SD, for Donald L. Jerke.

Frank E. Denholm, Denholm, Glover & Britzman, Brookings, SD, for Roger J. Raether.

James E. McMahon, Gregg S. Greenfield, Boyce, Murphy Law Firm, Sioux Falls, SD, for Russell Hawkins.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

On June 2, 1995, a jury convicted defendants Russell D. Hawkins and Roger J. Raether of conspiracy to commit an offense against the United States under 18 U.S.C. § 371. The jury also convicted defendant Raether of making a false statement to a government agency under 18 U.S.C. § 1001. Both defendants move for judgment of acquittal or, in the alternative, for a new trial, raising several grounds...

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