Cestoni

ORDER RE RULE 29 AND RULE 33 MOTIONS

INTRODUCTION

A jury convicted defendant of two counts of being an illegal alien in posses *1187 sion of a firearm in violation of 18 U.S.C. § 922 (g). Now, defendant moves for a judgment of acquittal under Rule 29 on one count and for a new trial under Rule 33 on the other count. To the extent stated herein, defendant’s Rule 29 motion is Granted in Part and defendant’s Rule 33 motion is Granted in Full.

STATEMENT

After a three-day trial, a jury convicted defendant Enzo Cestoni on two counts of being an alien in possession of a firearm. The factual background of the case is as follows. On the night of July 7, 2015, Victim Derek Peralta was at Blondie’s Bar in San Francisco with three friends. Shortly after arriving, he walked 'to the bathroom in the back of the bar. While in the bathroom, he was physically assaulted by two men, one of whom had long hair. After the assault, Peralta left the bathroom and walked back to his friends, who were sitting at the bar. Peralta told his friends what had happened in the bathroom and showed them • the bloody wounds on his face. Shortly thereafter, Peralta and his friend, Jose Cruz, left the bar, walked…