Davis
United States v. Davis
Opinion
Opinion
Jensen, J.
ORDER
On August 11, 1989, this Court heard: (1) defendant Sonnie Davis’ motion for new trial, to vacate the convictions, and to dismiss the indictment; (2) defendant Sonnie Davis’ motion to vacate judgment of conviction; and (3) defendant Kevin Davis’ motion for new trial and motion for judgment of acquittal.
I. SONNIE DAVIS’ MOTION FOR NEW TRIAL, TO VACATE THE CONVICTION, AND TO DISMISS THE INDICTMENT
A. Factual Background
This case was prosecuted by Special Assistant United States Attorney (SAUSA) Russ Giuntini. Giuntini is a Deputy District Attorney in Alameda County who was appointed as SAUSA to handle this prosecution on June 22, 1988. The appointment letter was signed by Mark Wilkoff, Deputy Director in the Office of Attorney Personnel Management (OAPM) of the Department of Justice, and Giuntini took the oath of office on that date. Wilkoff had been delegated authority for such appointments by Linda Cinciotta, Director of OAPM, on July 30, 1987, and Cinciotta had been delegated such authority by Stephen S. Trott, Associate Attorney General (AAG), on October 24, 1986. The power to appoint SAU-SAs exercised by AAG Trott in the 1986 delegation, was transferred by the…