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U.S. v. MARCHESE

No. 94-1149.

46 F.3d 1020 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Richard T. MARCHESE, Laura Lee Sorenson, Orville Leroy Sandberg, David R. Nemelka, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 8, 1995.

Attorney(s) appearing for the Case

Kenneth R. Buck, Asst. U.S. Atty. (Henry L. Solano, U.S. Atty., and Gerald J. Rafferty, Asst. U.S. Atty., with him on brief), Denver, CO, for plaintiff-appellant.

Leonard E. Davies, Denver, CO, for defendant-appellee Richard T. Marchese.

Stephen L. Waters, Denver, CO, for defendant-appellee David R. Nemelka.

John Henry Schlie, Denver, CO, for defendant-appellee Orville Leroy Sandberg.

Before KELLY and HENRY, Circuit Judges, and BURCIAGA, District Judge.

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the district court's dismissal of a thirty-four count indictment charging Defendants-Appellees, Richard Marchese, Orville Sandberg, David Nemelka, and Laura Lee Sorenson, with mail fraud in violation of 18 U.S.C. § 1341 and money laundering in violation of 18 U.S.C. § 1956. We have jurisdiction pursuant to 18 U.S.C. § 3731 and reverse.

Background

The government charged...

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