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United States v. Castro-Ramirez

April 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
D-2 JOSE CASTRO-RAMIREZ, DEFENDANT.



The opinion of the court was delivered by: Honorable Sean F. Cox United States District Judge

OPINION & ORDER DENYING THE DEFENDANT'S RENEWED MOTION FOR JUDGMENT OF ACQUITTAL [Doc. No. 295]

Dr. Jose Castro-Ramirez was charged with one count of conspiracy to commit health care fraud, eleven individual counts of health care fraud, and one count of conspiracy to commit money laundering. [See Doc. No. 4]. Jury trial in this matter began on February 16, 2010.

At the close of the Government's proofs, Dr. Castro-Ramirez made an oral motion for acquittal pursuant to FED. R. CRIM. P. 29. In an eleven-page Opinion & Order [See Doc. No. 276], the Court denied Dr. Castro's motion. On March 11, 2010, the jury found Dr. Castro-Ramirez guilty on all counts. [See Doc. No. 285].

The case is before the Court on Dr. Castro-Ramirez' "Renewed Motion for a Judgment of Acquittal" [Doc. No. 295], filed March 25, 2010. In his brief in support of the instant motion, which Dr. Castro-Ramirez concedes was brought "[i]n order to preserve his right to challenge the sufficiency of the Government's proofs on appeal," Id. at 4, Dr. Castro-Ramirez again argues that the evidence presented by the Government at trial was insufficient under FED. R. CRIM. P. 29. The Government opposes Dr. Castro-Ramirez' current motion. [See Doc. No. 311].

Dr. Castro-Ramirez' instant motion makes no argument about the sufficiency of the evidence against him that was not considered by the Court in its March 9, 2010 Opinion & Order [Doc. No. 276]. The Court therefore DENIES Dr. Castro's "Renewed Motion for a Judgment of Acquittal" [Doc. No. 295].

IT IS SO ORDERED.

Sean F. Cox United States District Judge

20100422

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