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U.S. v. EVANS

United States District Court, N.D. Illinois, Eastern Division


October 18, 2004.

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN EVANS, Defendant.

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Federal Defender Program staff attorney John Murphy has filed, on behalf of recently convicted defendant Ryan Evans ("Evans"), a motion for a judgment of acquittal pursuant to Fed.R. Crim. P. ("Rule") 29(c) and a concurrent motion for a new trial pursuant to Rule 33. Evans' conviction came in his second trial on seven counts that stemmed from his having traded in four publicly-owned stocks (three of which were involved in tender offers) as the tippee of confidential information — at the first trial, although he was acquitted on a count charging conspiracy with the tipper, he dodged the bullet on the seven substantive counts (with the jurors having indicated that they were 11 to 1 for conviction on those seven charges).

All of the matters raised by Evans' two motions appear to be essentially restatements of issues that were raised during the course of trial and were resolved by this Court adversely to Evans' position.*fn1 In all events, this Court finds the contentions advanced on Evans' behalf to be without merit. Both motions are denied.


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