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U.S. v. NEVSKY

No. 8:09-CR-301-7 (GLS).

821 F.Supp.2d 524 (2011)

UNITED STATES of America, v. Andrey NEVSKY, Defendant.

United States District Court, N.D. New York.

January 18, 2011.

Attorney(s) appearing for the Case

Richard S. Hartunian , United States Attorney, Of Counsel: Daniel C. Gardner , Assistant U.S. Attorney, Albany, NY, for The United States.

Office of Brian P. Barrett, Of Counsel: Brian P. Barrett , Esq., Lake Placid, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

Presumably pursuant to FED.R.CRIM.P. 33, Andrey Nevsky moves for a new trial following his conviction for conspiring to traffic marijuana.1 (Dkt. No. 146.) He argues that the interests of justice require a new trial because: (1) the court violated his Fifth Amendment due process rights when it constructively...

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