Marotz

United States v. Marotz

Good Law
75 F. Supp. 3d 1167·2014 WL 6901041·2014 U.S. Dist. LEXIS 169736
United States District Court, Northern District of CaliforniaDecember 8, 2014Case No. 13-cr-00780-JST-1California2,277 words

Opinion

Lead Opinion

Tigar, J.

ORDER

William Marotz appeals his conviction of 41 C.F.R. § 102-74.390 . For the reasons set forth below, the judgment of conviction is reversed.

I. PROCEDURAL BACKGROUND

The United States charged Defendant William Marotz in an information with one misdemeanor violation of 41 C.F.R. § 102-74.390 (disorderly conduct), based on conduct that occurred on September 10, 2013 at the San Francisco Federal Building. The case was tried to the court on April 4, 2014. At the conclusion of the Government’s case, Marotz moved for .a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 based on a lack of sufficient evidence presented at trial that *1169 (i) notice of the government regulations was posted in a conspicuous place and (ii) CSO Wilson was a federal government employee at the time of the incident.

The court reserved ruling on Marotz’s Rule 29 motion. On April 14, 2014, the court rendered a judgment, ECF No. 13, convicting Mr. Marotz of the sole charge in the information. 1 On April 23, 2014, the defendant timely renewed his Rule 29 motion, ECF No. 15, which the court denied, ECF No. 18.

Marotz thereafter filed a timely notice of appeal. ECF No. 16.

II.…

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