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U.S. v. CAMACHO

Docket No. 02-1242.

302 F.3d 35 (2002)

UNITED STATES of America, Appellant, v. Steven CAMACHO, also known as Spanky, also known as Spank, and Jaime Rodriguez, also known as Jay, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2002.

Attorney(s) appearing for the Case

Sharon L. McCarthy, Assistant United States Attorney for the Southern District of New York, New York, NY, for Appellant United States of America.

Joshua L. Dratel, New York, NY, for Defendant-Appellee Steven Camacho.

Joyce C. London, New York, NY, for Defendant-Appellee Jaime Rodriguez.

Before: WALKER, Chief Judge, SACK, and SOTOMAYOR, Circuit Judges.

PER CURIAM:

The government moves for leave to withdraw its appeal of an order of the United States District Court for the Southern District of New York (Haight, J.) granting defendants' Fed.R.Crim.P. 33 motion for a new trial. The government requests that we remand this matter so that it may pursue a motion for reconsideration of the Rule 33 order before the district court. We conclude that the government's withdrawal motion is premature. Withdrawal of the appeal...

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