Legal Opinion

United States v. Eychaner

District Court, E.D. Virginia

Decided August 15, 2018No. Criminal Case No. 4:17cr76Published

1Opinion of the Court

Mark S. Davis, UNITED STATES DISTRICT JUDGE

*80This matter is before the Court on a Renewed Motion for Judgment of Acquittal filed by Defendant Elmer Emmanuel Eychaner, III ("Defendant" or "Eychaner") pursuant to Federal Rule of Criminal Procedure 29 (c) (1). ECF No. 90. For the reasons noted below, Defendant's Renewed Motion for Judgment of Acquittal is DENIED as to Counts Two, Three, and Four, but the Motion is GRANTED as to Count Five, and Defendant's conviction on Count Five is VACATED .

I. Background

In August 2017, Defendant was charged with the following five counts: Access with Intent to…

2Cases cited29 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Caminetti v. United StatesSupreme Court of the United States · 1917

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