United States v. Guardia

MEMORANDUM OPINION

BLACK, District Judge.

THIS MATTER comes before the Court on Defendant’s Renewed Motion to Dismiss Assimilative Crime Act Counts (Based on Newly Decided Authority) (Doc. 136), filed March 19, 1998. Having reviewed the submissions of the parties and the relevant law, the Court finds that Defendant’s motion should be GRANTED in part and DENIED in part.

I. Facts and Procedural History

Defendant David Guardia, M.D. is charged with sexual assaults allegedly occurring during gynecological examinations. In a renewed motion based on new authority, Defendant seeks dismissal of Counts…