Opinion
CRIMINAL ACTION NUMBER 98-165-B-M2
November 8, 2000
Order Re: Applicablility of Cleveland v. United States
To determine the applicability, if any, of the decision rendered by the United States Supreme Court in Cleveland v. United States, the Court on its own motion hereby vacates, in part, its prior ruling which denied the defendants' Motions for New Trial and Judgment of Acquittal insofar as the ruling pertained to the mail fraud convictions. The Court hereby sets the following scheduling order and format for filing briefs on the issue:
531 U.S. ___ (2000)
IT IS ORDERED that the government and the defendants shall have until November 15, 2000 to file a memorandum on this issue. While the parties may file a single brief which has been ordered herein, the brief must contain separate sections for each defendant, which discuss how, if at all, the Cleveland case pertains to that defendant as a matter of fact and law.
The briefs may also contain a general discussion of the Cleveland case. However, the parties must either file a separate brief as to each defendant or set forth separate sections as to each defendant if one brief is filed with the Court.
IT IS FURTHER ORDERED that the parties shall have until November 22, 2000 to file a responsive brief in the same format as described above.
IT IS SO ORDERED.