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U.S. v. BAMIDURO

Nos. 98-CO-124, 98-CF-259.

718 A.2d 547 (1998)

UNITED STATES, Appellant/Cross-Appellee, v. Oluwakayode A. BAMIDURO, Appellee/Cross-Appellant.

District of Columbia Court of Appeals.

Decided September 17, 1998.

Attorney(s) appearing for the Case

Chrisellen R. Kolb, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher and Margaret A. Carroll, Assistant United States Attorneys, were on the brief, for appellant/cross-appellee.

Kenneth D. Auerbach, Silver Spring, MD, for appellee/cross-appellant.

Before SCHWELB and FARRELL, Associate Judges, and KING, Associate Judge, Retired.

FARRELL, Associate Judge:

The United States appeals from a partial grant of a motion for judgment of acquittal following guilty verdicts. See D.C.Super.Ct.Crim.R. 29(c) (1998). Although defendant Bamiduro's identification as the person who shot at Lieutenant Shannon was vulnerable to attack before the jury, we are unable to conclude—as the trial judge did—that no rational juror could have found beyond a reasonable doubt that Bamiduro was the assailant...

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