Mivate Order FSm (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge i Sitting Judge if Other
or Magistrate Judge Milton I. Shadur than Assigned Judge
CASE NUMBER 03 CR 928 DATE 10/18/2004
CASE USA vs. Ryan Evans
TITLE
{In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.)
DOCKET ENTRY:
qd) a Filed motion of [ use listing in “Motion” box above.}
(2) ia} Brief in support of motion due
(3) oO Answer brief to motion due. . Reply to answer brief due___
4 Oo Ruling/Hearing on set for at
(5) Qa Status hearing[held/continued to] [set for/re-set for} on set for at
(6) Oo Pretrial conference[held/continued to] {set for/re-set for] on set for at :
(7) Oo Trial[set for/re-set for] on at
(8) a [Bench/Jury trial] [Hearing] held/continued to at
(9) a This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) ClLocalRule 41,1 COFRCP41(a)(1) COFRCP41(a)(2).
(10) | [Other docket entry] Enter Memorandum Order. Defendant Evans’ motions for a new trial and for judgment of
acquittal pursuant to Fed. R. Crim. P. 29(c) are denied. (83-1, 84-1)
(i) a {For further detail see order attached to the original minute order.]
No notices required, advised in open court. ‘Document .
No notices required. number of notices Nember
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Notified counsel by telephone, OCI i Bcuu ‘
Docketing to mail notices. |_——
Mail AO 450 form. 4 waahenihiny as
Copy to judge/magistrate judge.
102004
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Date/time received in
central Clerk's Office mailing depuly ipitials

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff, )
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v. ) No. 03 CR 928
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RYAN EVANS, ) &; GPP,
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Defendant. ) "rg, «a
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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.’ In all events, this Court finds the

contentions advanced on Evans’ behalf to be without merit. Both

motions are denied.

Milton I. Shadur
Senior United States District Judge

Date: October 18, 2004

If government counsel believe that any issue or issues
was or were not raised during the trial, so as to be legally
forfeited, they should file a response so indicating promptly.

In that event this Court will take a fresh look at any issue so
identified.