U.S. v. SARMIENTO

No. CR 05-40064.

457 F.Supp.2d 932 (2006)

UNITED STATES of America, Plaintiff, v. Cesar SARMIENTO; Richard Godschalk; Maria Mislyn; Luvi Rodriguez; Juan Rodriguez; and Bud Theus, III, Defendants.

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

August 29, 2006.


Attorney(s) appearing for the Case

Melissa B. Nicholson, Nicholson and Peterson, Sioux Falls, SD, for Defendant Cesar Sarmiento.

Delmar Sonny J. Walter, Sioux Falls, SD, for Defendant Richard Godschalk.

Brendan V. Johnson, Johnson, Heidepriem, Miner, Marlow & Janklow, LLP, Sioux Falls, SD, for Defendant Maria Mislyn.

Nicole A. Carper, Carper Law Office, Sioux Falls, SD, for Defendant Luvi Rodriguez.

Michael W. Hanson, Sioux Falls, SD, for Defendant Juan Rodriguez.

Thomas W. Clayton, Sioux Falls, SD, for Defendant Bud Theus, III.


MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Pending before the Court is a Motion for Judgment of Acquittal of Defendant Bud Theus, III, which the Court had taken under advisement at the time of trial. Counsel for the parties have each submitted a brief in response to the Court's Order of July 10, 2006.

Setting aside the facts which do not bear on this issue, the fact is that Delbosque is the...

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