United States v. Gordon Tornberg

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Gordon TORNBERG, Defendant-Appellee. No. 90-50143. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1991. Decided Sept. 3, 1991. 1 Before REINHARDT and FERNANDEZ, Circuit Judges, and SMITH, District Judge * . 2 MEMORANDUM ** 3 The United States appeals the district court's judgment of acquittal notwithstanding the verdict in favor of Gordon Tornberg, a former Deputy United States Marshal, on two counts of allegedly accepting illegal gratuities in violation of 18 U.S.C. 201(g). The indictment originally charged Tornberg with four counts in violation of 18 U.S.C. 201(g). The district court granted Tornberg's pretrial motion to dismiss one count of illegally accepting a $700 check because it was barred by the statute of limitations. Another count of accepting a $300 cash payment was dismissed at the close of the government's case. Of the…