Legal Opinion

United States v. Birks

District Court, D. New Jersey

Decided March 30, 2009No. Criminal 07-153 (JBS)Published

1Opinion of the Court

OPINION

SIMANDLE, District Judge:

I. INTRODUCTION

The Court is presented with Defendant Robert Beuret’s’(“Defendant Beuret”) motion to dismiss the Third Superseding Indictment (“TSI”), which charges Defendant Beuret and Defendant Frederick Birks (“Defendant Birks”) with conspiracy to defraud the United States under 18 U.S.C. § 371 [Docket Item 76]. 1 Defendant Beuret offers two reasons why the Court should dismiss the TSI: (1) he argues that the TSI is untimely; and (2) he maintains that even if the TSI is timely, it does not sufficiently allege venue in the District of New Jersey and must be…

2Cases cited31 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Costello v. United StatesSupreme Court of the United States · 1956
  3. Grunewald v. United StatesSupreme Court of the United States · 1957
  4. United States v. Linette Perez, United States of America v. Juancho Alcantera, United States of America v. Edmundo BatoonCourt of Appeals for the Third Circuit · 2002
  5. United States v. Luiz Ben ZviCourt of Appeals for the Second Circuit · 2001

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