Valdez-Santos

ORDER

A Fourth Superseding Indictment charged Cesar Valdez-Santos and Victor Hurtado in Count One with conspiracy, pursued in both Sacramento and Los An-geles counties, to manufacture and distribute methamphetamine. See 21 U.S.C. §§ 846 & 841(a)(1). Count Three charged Valdez-Santos and other “persons known and unknown” with conspiracy, pursued in both Sacramento and Los Angeles counties, to possess and distribute pseu-doephedrine with knowledge that it would be used to manufacture methamphetamine. See 21 U.S.C. §§ 846 & 841(c)(2). Count Four charged Valdez-Santos with possession and distribution of a listed chemical, pseudoephedrine, in both Sacramento and Los Angeles counties, with knowledge that it would be used to manufacture methamphetamine. See 21 U.S.C. § 841 (a)(2).

Trial commenced on January 25, 2005. At the close of the government’s case, the court granted defendant Valdez-Santos’ motion for acquittal as to Count One, based on lack of proof of that defendant’s participation in the charged conspiracy. The defendant’s motion for acquittal as to Counts Three and Four, or in the alternative, for a change of venue to the Central District of California, was taken under…