Opinion
CRIMINAL ACTION No. 10-776
12-05-2011
UNITED STATES OF AMERICA v. MAMADOU BARRY
ORDER
AND NOW, this 5th day of December, 2011, upon consideration of Defendant's Motion for Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29, New Trial Pursuant to Federal Rule of Criminal Procedure 33, and Post-Conviction Dismissal, the Government's response thereto, and the parties' supplemental briefs, and for the reasons stated in this Court's Memorandum dated December 5th, 2011, it is hereby ORDERED that the motion (Document No. 41) is GRANTED in part and DENIED in part as follows:
1. Defendant's Motion for Post-Conviction Dismissal is GRANTED. Defendant's conviction on Count One (18 U.S.C. § 844(e)) is VACATED and Count One is hereby DISMISSED.
2. Defendant's Motion for Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29 is DENIED.
3. The Court will defer a decision on Defendant's Motion for New Trial Pursuant to Federal Rule of Criminal Procedure 33 pending a hearing on the issue of a written statement by Hadiatou Barry. The hearing will be held on Wednesday, December 7, 2011, at 8:30 a.m. in Courtroom 13B.
BY THE COURT:
Berle M. Schiller , J.