Opinion
20-cr-20599
07-16-2024
UNITED STATES OF AMERICA, Plaintiff, v. D1, JOHN ANGELO,and D5, GLENN PHILLIP FRANKLIN, III, Defendants.
ORDER (1) GRANTING DEFENDANTS' MOTIONS FOR JUDGMENT OF ACQUITTAL (ECF Nos. 533, 537) AND (2) TERMINATING DEFENDANTS' MOTIONS FOR NEW TRIAL (ECF Nos. 535, 538) AS MOOT
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On July 11, 2024, the Court held a hearing on the following four motions pending before the Court:
• Defendant John Angelo's motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 (see Mot., ECF No. 533);
• Defendant John Angelo's motion for new trial pursuant to Federal Rule of Criminal Procedure 33 (see Mot., ECF No. 535);
• Defendant Glenn Phillip Franklin, III's motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 (see Mot., ECF No. 537); and
• Defendant Glenn Phillip Franklin, Ill's motion for new trial pursuant to Federal Rule of Criminal Procedure 33 (see Mot., ECF No. 538).
For the reasons stated on the record, the motions for judgment of acquittal are GRANTEDand the motions for new trial are TERMINATED WITHOUT PREJUDICE AS MOOT.
As the Court explained on the record, the Court granted Angelo's motion for judgment of acquittal on two bases: (1) insufficient evidence of knowledge that the police reports at issue were obtained through fraud and (2) insufficient evidence to establish a conspiracy to fraudulently obtain “property.” The Court granted Franklin's motion only with respect to the “property” issue.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 16, 2024, by electronic means and/or ordinary mail.