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UNITED STATES OF AMERICA v. QUENTIN T. DUNN.

ORDER

MYRON THOMPSON, District Judge

On February 6, 2006, defendant Quentin T. Dunn filed a motion for judgment of acquittal and alternative motion for a new trial (Doc. No. 108). The motion was limited to the question of whether Dunn's conviction on Count 3 of the indictment constituted impermissible double punishment under Blockburger v. United States, 284 U.S. 299 (1932). At the initial sentencing hearing held on April 20, 2006, the court dismissed Count 3 of the indictment by agreement of the parties. The next day, the court entered an order denying Dunn's motion for acquittal as moot, but that order did not address the alternative motion for a new trial.

Accordingly, it is ORDERED that defendant Dunn's motion for a new trial (Doc. No. 108) is denied as moot.

DONE.

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U.S. v. DUNN
(May 31, 2006)