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U.S. v. ESPAILLET

Docket Nos. 03-1202(L), 03-1277(XAP).

380 F.3d 713 (2004)

UNITED STATES of America, Appellant-Cross-Appellee, v. Elbio ESPAILLET and Martin Calderon, Defendants, Gerald Alfonso, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Helen Cantwell, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Celeste L. Koeleveld, Assistant United States Attorney, on the brief), New York, N.Y. for Appellant-Cross-Appellee.

Richard E. Signorelli, New York, N.Y. for Defendant-Appellee-Cross-Appellant.

Before: WALKER, Chief Judge, CARDAMONE, KEITH, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

The government appeals the judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, District Judge), granting defendant Gerald Alfonso's motion for an acquittal notwithstanding the verdict, pursuant to Federal Rule of Criminal Procedure 29. The district court found that the government's evidence was insufficient to prove Alfonso's knowledge of and intent to participate in a cocaine...

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