Jarvis
United States v. Jarvis
Opinion
Opinion
Rhoades, J.
MEMORANDUM DECISION AND ORDER
Defendants motions to dismiss those counts of the Indictment charging the defendants with making false statements in violation of 18 U.S.C. § 1001 came on regularly for hearing on December 1, 1986. Additional argument was heard on December 12, 1986. Larry A. Burns and Maria Arroyo-Tabin, Assistant United States Attorneys, appeared on behalf of the plaintiff UNITED STATES OF AMERICA. Eugene G. Iredale appeared on behalf of defendant Kevin W. JARVIS, Michael Pancer appeared on behalf of defendant William A. BOWEN, and the Federal Defenders of San Diego, Inc. and Judy Clarke appeared on behalf of defendant George F. BON-SALL.
After considering the briefs submitted in support of and in opposition to the motions, the authorities cited therein, and the record before it, the court ruled that Counts Three and Five of the indictment against JARVIS should be dismissed, but that all of the counts against BOWEN and BONSALL should stand. On December 12, 1986, the Court ruled that Count Six against BOWEN also should be dismissed. BACKGROUND
The indictment in this case centers on events alleged to have occurred on May 5, 1985. Count One alleges that on that date,…