Chief Judge WALKER concurs in part and dissents in part in a separate opinion.
POOLER, Circuit Judge:
The government appeals from the May 25, 1999, order of the United States District Court for the Southern District of New York (Shira A. Scheindlin, J.) granting the motion of defendant Gregory Ferguson for a new trial pursuant to Fed. R.Crim.P. 33. In addition, Ferguson cross-appeals the district court's denial of his motion for judgment of acquittal...
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