United States v. Boender

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, JR., District Judge.

On February 26, 2009, a federal grand jury indicted Defendant Calvin Boender (“Boender”). Subsequently, a nine-count superseding indictment (the “Indictment”) was issued on May 28, 2009. [See 8]. Before the Court is Boender’s motion to dismiss several counts of the Indictment [73], which the parties have fully briefed [74, 77, 78]. For the reasons set forth below, the motion to dismiss [73] is respectfully denied.

I. Background

Counts 1 through 4 of the Indictment charge Boender with committing mail and wire fraud in violation of 18…