MOTION FOR JUDGMENT OF ACQUITTAL

The defendant, *, by undersigned counsel, hereby moves this Honorable Court, pursuant to Rule 29(c), F.R.Cr.P., to set aside the jury's verdict and enter judgment of acquittal on behalf of the defendant. As grounds for this motion, defendant states as follows:

1. The trial of this case commenced on February 8, 1994.

2. On February 14, 1994, the jury returned its verdict. The defendant was found guilty of Count One of the Indictment, conspiracy to distribute crack cocaine and not guilty of Count Two, distribution of crack cocaine.

3. By this motion, it is requested that the Court set aside the jury's guilty verdict and enter judgment of acquittal on behalf of the defendant as to Count One. It is submitted that the evidence, viewed in the light most favorable to the Government, failed to prove beyond a reasonable doubt the defendant's participation in a conspiracy. At most, the Government showed the defendant's involvement in a series of separate and distinct transactions.

MEMORANDUM OF LAW

See United States v. Brown, 872 F.2d 385 (11th Cir.), cert. denied, 493 U.S. 898 (1989);United States v. Bascaro, 742 F.2d 1335 (llth Cir. 1984); United States v. Mclntyre, 836 F.2d

467 (lOth Cir. 1987); United States v. Dickey, 736 F.2d 571 (lOth Cir. 1984), cert. denied, 469 U.S. 1188 (1985); United States v. Braico, 422 F.2d 543 (7th Cir. 1970).

Respectfully submitted,

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