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U.S. v. FERGUSON

Docket Nos. 99-1262(L), 99-1302, 99-1322, 99-1324(XAP) and 99-1398.

246 F.3d 129 (2001)

UNITED STATES of America, Appellant-Cross-Appellee, v. Gregory FERGUSON, aka "Black Greggo," Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: March 23, 2001.

Attorney(s) appearing for the Case

Vivian Shevitz, Katonah, NY, for Defendant-Appellee-Cross-Appellant Gregory Ferguson.

Robin L. Baker, Assistant United States Attorney, (Mary Jo White, United States Attorney, Mary Mulligan, Ira M. Feinberg, Assistant United States Attorneys, on the brief) New York, NY, for Appellant-Cross-Appellee.

Before: WALKER, Chief Judge, POOLER, Circuit Judge, and HADEN, District Judge.

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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