U.S. v. Howard

Full title: UNITED STATES OF AMERICA, v. JOHN E. HOWARD, III, Defendant

Court: United States District Court, N.D. New York

Date published: Mar 7, 2008

1:04-CR-313 (N.D.N.Y. Mar. 7, 2008)

Opinion

1:04-CR-313.

March 7, 2008

HON. GLENN T. SUDDABY, United States Attorney, Attorney for Government, TERRENCE M. KELLY, ESQ., Assistant U.S. Attorney, Northern District of New York, Syracuse, New York.

JAMES E. LONG, ESQ., Attorney for Defendant John Howard, Albany, New York.

ORDER

DAVID HURD, District Judge

Defendant has moved pursuant to Fed.R.Crim.P. 29 to set aside the jury verdict and enter a judgment of acquittal (Docket No. 366). The Government opposes. (Docket No. 377).

Based upon United States v. Howard, 400 F. Supp. 2d 457 (N.D.N.Y. May 3, 2005), and United States v. Howard, 406 F. Supp. 2d 215 (N.D.N.Y. Dec. 30, 2005), vacated on other grounds, 489 F.3d 484 (2d Cir. 2007), the motion is DENIED.

IT IS SO ORDERED.