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U.S. v. HOFFER

No. 87 Cr. 773 (RJW).

680 F.Supp. 673 (1988)

UNITED STATES of America v. Joseph HOFFER, Defendant.

United States District Court, S.D. New York.

March 9, 1988.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for the S.D. New York, New York City, (Daniel A. Nardello, Asst. U.S. Atty., of counsel), for the U.S.

Caesar D. Cirigliano, New York City (Paul Davison, of counsel), for defendant.

OPINION

ROBERT J. WARD, District Judge.

Defendant Joseph Hoffer moves pursuant to Rules 29(c) and 33, Fed.R.Crim.P., for a judgment of acquittal or, alternatively, for a new trial. For the reasons hereinafter stated, defendant's motion for a new trial is granted.

BACKGROUND

Roberta Rivera, a Drug Enforcement Administration ("DEA") agent, had just finished participating in a surveillance operation...

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