Memorandum Opinion and Order

On August 6, 2007, this Court began a bench trial at which the defendant asked to be found not guilty on the basis that the offense charged, as applied to the facts of his case, violates the Ex Post Facto Clause of the Constitution.  The Court then recessed the trial to consider the parties’ arguments on this issue.  Upon review of those arguments, the Court FINDS the defendant not guilty of the charge contained in the superceding indictment as such a conviction would violate the Ex Post Facto Clause.