U.S. v. ALVAREZ

No. 02-4684.

351 F.3d 126 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Emanuel Gandarilla ALVAREZ; Bruno Morales Gonzalez, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2003.


Attorney(s) appearing for the Case

Argued: John Stuart Bruce, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Rosemary Godwin, Raleigh, North Carolina, for Appellee Gonzalez; Johnny S. Gaskins, Raleigh, North Carolina, for Appellee Alvarez.

On Brief: Frank D. Whitney, United States Attorney, Raleigh, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellant.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.


Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge.

After the jury in the trial of Emanuel Alvarez and Bruno Gonzalez on drug-trafficking charges became deadlocked, the district court declared a mistrial. On the defendants' subsequent motions for judgment of acquittal, made pursuant to Federal Rule of Criminal Procedure 29, the district court entered...

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