United States v. Navarro Viayra

MEMORANDUM AND ORDER

Defendants Miguel Navarro Viayra and Manuel Alvarez Guerra move for judgment of acquittal pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure on all counts. The Government argues that these motions should be denied. For the reasons below, the court sua sponte converts defendants’ Rule 29 motions into motions for new trial, pursuant to Rule 33, and grants both defendants’ motions.

PROCEDURAL BACKGROUND

Defendants were charged with Conspiracy to Manufacture in Excess of 1,000 Marijuana Plants (Count One), 21 U.S.C. §§ 841 (a)(1) and 846; Manufacture in Excess of 1,000 Marijuana Plants (Count Two), 21 U.S.C. § 841 (a)(1); Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count Three), 18 U.S.C. § 924 (c)(1)(A); and Possession of a Firearm by an Illegal Alien (Counts Four and Five), 18 U.S.C. § 922 (g)(5)(A).

Trial by jury began on January 7, 2002. At the close of the Government’s case, defendants moved for judgment of acquittal on all counts. Defendants renewed their motions at the close of their case. On January 17, 2002, the jury found defendants guilty on Counts One and Two, and deadlocked on Counts Three, Four, and Five.…