UNITED STATES v. ROJAS

No. 76-3008.

574 F.2d 476 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Gerardo ROJAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 3, 1978.


Attorney(s) appearing for the Case

Kathryne Ann Stoltz, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Susan Guberman, of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and TURRENTINE, District Judge.


SUPPLEMENTAL ORDER

PER CURIAM:

Prior to our decision reported at 554 F.2d 938, there existed some confusion about the appealability by the government of an order granting a Rule 29(c) F.R.Cr.P., motion of acquittal. In addition, it has not been clear to some that a defendant can combine a motion for a new trial under Rule 33 with a motion for acquittal. To avoid prejudice to defendants whose trials are already completed...

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