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U.S. v. Howard

Acquittal Judgment's Grant as to Two of Three Counts of Conviction Is Explained

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OPINION AND ORDER   On March 6, 2019, a jury found Defendant Christopher Howard guilty on one count of racketeering conspiracy; one count of committing a violent crime in aid of a racketeering conspiracy, specifically, assault with a dangerous weapon; and one count of possessing, brandishing, or discharging a firearm during and in relation to a crime of violence. Howard now moves for a post-verdict judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. For the reasons stated below, Howard’s motion is GRANTED in part and DENIED in part. BACKGROUND I. Procedural History On July 16, 2018, Howard and nine other defendants were charged in a 12-count Superseding Indictment, which detailed the criminal activities of two gangs, known as “MBG” and the “YGz,” in and around the Bronx, New York. ECF No. 169. Howard, for his part, was charged with three counts in the Superseding Indictment. Count One alleged that, from approximately 2007 to October 2017, Howard participated in a racketeering conspiracy in relation to his membership in the gang “MBG,” in violation of 18 U.S.C. §1962(d). Id.

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