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United States v. Ellis

United States District Court, W.D. Louisiana, Monroe Division

January 20, 2015

UNITED STATES OF AMERICA,
v.
CASSANDRA D. ELLIS.

RULING

ROBERT G. JAMES, District Judge.

This is a criminal action brought by the United States of America ("Government") against Defendant Cassandra D. Ellis ("Ellis"). On January 15, 2015, Ellis filed a Motion to Dismiss Indictment ("Motion to Dismiss") [Doc. No. 19]. On January 16, 2015, the Government filed a memorandum in opposition [Doc. No. 20].

For the following reasons, Ellis' Motion to Dismiss is DENIED.

I. BACKGROUND AND PARTIES' ARGUMENTS

On November 19, 2014, a federal grand jury returned a two-count Indictment against Ellis. Ellis is charged with the following:

COUNT 1

Beginning on or about February 7, 1996, and continuing until on or about April 1, 2014, in the Western District of Louisiana and elsewhere, the defendant, CASSANDRA D. ELLIS, knowingly and willfully did embezzle, steal, purloin, and convert to her use or the use of another the property and money of the United States of a value in excess of $1, 000.00, that is, Social Security Retirement payments, which were issued as United States Treasury checks and electronic bank deposits, all in violation of 18 U.S.C. § 641. [18 U.S.C. § 641]

COUNT 2

On or about February 3, 2014, in the Western District of Louisiana and elsewhere, the defendant, CASSANDRA D. ELLIS, in a matter within the jurisdiction of the Social Security Administration, did knowingly and willfully make a materially false, fictitious, and fraudulent statement and representation, that is, falsely representing to an employee of the Social Security Administration that she was Roberta Ellis, all in violation of 18 U.S.C. § 1001(a)(2). [18 U.S.C. § 1001(a)(2)]

[Doc. No. 1].

Although Ellis initially pled not guilty to the charges, this matter has been referred for a change of plea hearing before Magistrate Judge Karen L. Hayes on January 21, 2015, at 10:00 a.m.

On January 15, 2015, Ellis filed the instant motion. Pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure, Ellis moves the Court to dismiss "such part of Count 1 of the Indictment which alleges acts of criminal conduct outside the reach of the five year statute of limitations provided by 18 U.S.C. § 3282(a)." [Doc. No. 19, p. 1]. The Government opposes her motion. [Doc. No. 20].

II. LAW AND ANALYSIS

"A motion that the court lacks jurisdiction may be made at any time while the case is pending." ...


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