Nunez

United States v. Nunez

Good Law
419 F. Supp. 2d 1258·2005 WL 3845652·2005 U.S. Dist. LEXIS 41332
United States District Court, Southern District of CaliforniaAugust 5, 200504CR0086-DMSCalifornia7,643 words

Opinion

Opinion

Raw, J.

ORDER GRANTING-IN-PART AND DENYING-IN-PART GOVERNMENT’S MOTION TO RECONSIDER; REINSTATING COUNTS ELEVEN THROUGH THIRTEEN OF THE INDICTMENT; AND STRIKING CERTAIN ALLEGED OVERT ACTS FROM COUNT ONE

On December 10, 2004, this Court granted Defendant Salvador Esquino Nunez’s motion to dismiss Counts Ten through Thirteen of the indictment (the “money laundering counts”). The Government has moved to reconsider that ruling. The Court heard argument on July 7, 2005. Attorney Timothy D. Coughlin appeared for the Government. Attorney Todd W. Burns appeared for Defendant Esquino; he also appeared specially for Defendant Monica Sanchez-Navarro. The Court commends the litigants for their excellent presentation of the legal issues. Upon careful consideration of the arguments of counsel, the relevant pleadings, and the applicable law, the Government’s motion for reconsideration is GRANTED-in-part and DENIED-in-part. Counts Eleven though Thirteen of the indictment are REINSTATED. Count Ten, however, remains DISMISSED. In addition, overt acts “jj,” “kk,” and “11” in furtherance of Count One (Conspiracy to Commit Bankruptcy Fraud), are STRICKEN from the indictment.

I.

BACKGROUND

Despite the…

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