United States v. Wheeler

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS FIVE, SIX, AND SEVEN OF THE THIRD SUPERSEDING INDICTMENT AND ORDER TO SHOW CAUSÉ

GADOLA, District Judge.

Before this Court is Defendant Audie D. Wheeler’s Motion to Dismiss Counts Five, Six, Seven, and Eight of the [Third] Superseding Indictment with Prejudice. For reasons set forth below, this Court denies Defendant’s motion as to Counts Five, Six, and Seven, and orders the Government to show cause as to why Count Eight should not be dismissed.

Factual and Procedural Background

In 1991, Defendant was convicted in the Genesee County Circuit Court…