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U.S. v. STEWART

No. 2:11-cr-00163-JAW.

841 F.Supp.2d 431 (2012)

UNITED STATES of America v. Beth A. STEWART.

United States District Court, D. Maine.

January 18, 2012.

Attorney(s) appearing for the Case

Gail Fisk Malone , Office of the U.S. Attorney, Bangor, ME, Jonathan R. Chapman , U.S. Attorney's Office, Portland, ME, for Plaintiff.

Michael Whipple , The Hallett Law Firm, Portland, ME, for Defendant.

ORDER ON MOTION TO DISMISS INDICTMENT

JOHN A. WOODCOCK, JR., Chief Judge.

In this marriage fraud conspiracy case, the Defendant asserts that the one overt act within the five-year statute of limitations is outside the scope of the charged conspiracy and therefore the indictment is time-barred. The Court concludes that the resolution of the Defendant's argument depends on facts that must be found by a jury and may not be resolved by a motion to dismiss the...

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