Berry
United States v. Berry
Opinion
Opinion
Jensen, J.
ORDER
On April 24, 2009, defendant Ethan Berry (Berry) filed a motion to dismiss the sole count of the indictment. On June 12, 2009 this Court held a hearing on the matter. Attorney Stephen Corrigan appeared on behalf of the United States and defendant was represented by Attorney Patrick Robbins. Having reviewed the papers and having heard oral argument on this matter, the Court finds the following.
I. BACKGROUND
Defendant is charged with Social Security representative fraud in violation of 42 U.S.C. § 408 (5)(a). The indictment alleges that between May 2005 through November 2006, Berry unlawfully obtained and converted for his own use $53,541 in federal funds that were designated for the benefit of his minor son.
On October 10, 1997, Kim Walker gave birth to a son named Drew, fathered by Ethan Berry. Over the course of Drew’s life Walker and Berry have been involved in a contentious custody dispute in Contra Costa County Superior Court.
In July of 1999, Berry was in an automobile accident, which led to a serious back condition. In March of 2000, Berry applied for Social Security disability benefits. The Social Security Administration (SSA) initially denied his application,…