The jury returned guilty verdicts on December 9, 2010, after which Defendants moved for judgment of acquittal under Federal Rule of Criminal Procedure 29. The Court denied that Motion in a Memorandum Opinion on March 9, 2011, 768 F.Supp.2d 289 (D.D.C.2011). Defendants then moved for a new trial under Federal Rule of Criminal Procedure 33, which the Court denied in a Memorandum Opinion on April 27, 2011, 786 F.Supp.2d 25 (D.D.C.2011).
On December 9, 2010, Defendants Christian Fernando Borda (“Borda”) and Alvaro Alvaran–Velez (“Alvaran”) were convicted under the Controlled Substances Import and Export Act, 21 U.S.C. §§ 951 et seq., of conspiring to distribute five kilograms or more of cocaine with the intent or knowledge that the cocaine would be unlawfully imported into the United States. See Verdict Form as to Borda [Dkt. No. 207]; Verdict Form as to Alvaran [Dkt. No. 209]; 21 U.S.C. §§ 959, 960, 963. Defendants moved for judgment of acquittal under Federal Rule of Criminal Procedure 29, which the Court denied in a Memorandum Opinion on March 9, 2011 [Dkt. No. 238], 768 F.Supp.2d 289 (D.D.C.2011). Defendants next moved for a new trial under Federal Rule of Criminal Procedure 33, which the Court denied in a Memorandum Opinion on April 27, 2011 [Dkt. No. 249], 786 F.Supp.2d 25 (D.D.C.2011).
Defendants did not dispute that they had distributed cocaine during the relevant period, but argued that they neither knew nor intended that the cocaine would be unlawfully imported into the United States. Based upon the evidence presented at trial, the Jury returned a verdict of guilty against Defendants. Defendants moved for judgment of acquittal, under Federal Rule of Criminal Procedure 29, which the Court denied in a Memorandum Opinion on March 9, 2011, 768 F.Supp.2d 289 (D.D.C.2011) [Dkt. No. 238]. Defendants next moved for a new trial, under Federal Rule of Criminal Procedure 33, which the Court denied in a Memorandum Opinion on April 27, 2011, 786 F.Supp.2d 25 (D.D.C.2011) [Dkt. No. 249]. Defendants have also moved to dismiss the case or for a new trial based on Brady violations [Dkt. No. 354]. The briefing on that Motion has been concluded and it is now under advisement. This matter is before the Court on Defendants' Joint Motion for Release of Grand Jury Minutes, to Vacate Verdict and to Dismiss Indictment (“Defs.' Mot.” or “the Motion”) [Dkt. No. 368]. Upon consideration of the Motion, the Opposition [Dkt. No. 372], the Reply [Dkt. No. 375], and the entire record herein, and for the reasons stated below, Defendants' Joint Motion for Release of Grand Jury Minutes is denied.
See Verdict Form as to Christian Fernando Borda [Dkt. No. 207]; Verdict Form as to Alvaro Alvaran–Velez [Dkt. No. 209]; 21 U.S.C. §§ 959, 960, 963. Under Federal Rule of Criminal Procedure 29, Defendants first moved for judgment of acquittal, which this Court denied in a Memorandum Opinion on March 9, 2011, 768 F.Supp.2d 289 (D.D.C.2011) [Dkt. No. 238]. On January 15, 2011, Defendants filed a Joint Motion for New Trial, (Defs.