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U.S. v. COCILOVA

Case No. 1:08CR00018.

584 F.Supp.2d 885 (2008)

UNITED STATES of America v. Elizabeth COCILOVA, a/k/a Elizabeth Hale, and Justin Edward Hale, Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

November 5, 2008.

Attorney(s) appearing for the Case

Zachary T. Lee, Assistant United States Attorney, Abingdon, VA, for United States of America.

Nancy C. Dickenson, Assistant Federal Public Defender, Abingdon, VA, for Elizabeth Cocilova, a/k/a Elizabeth Hale.

Donald A. McGlothlin, Jr., The McGlothlin Firm, Lebanon, VA, Helen E. Phillips, Grundy, VA, for Justin Edward Hale.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

The defendants, convicted by a jury of drug crimes and bank fraud, move for judgment of acquittal or for a new trial. For the reasons that follow, I will set aside the verdicts of guilty as to bank fraud on the ground that the government failed to prove that an insured bank was a victim of the defendants' fraudulent scheme. Otherwise, I will deny the motions. In addition, I will exclude from the sentencing guidelines...

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