Almendral

OPINION AND ORDER ENTERING JUDGMENT OF ACQUITTAL

PROCEDURAL BACKGROUND

In this case the government elected to charge defendant Alexander R. Almendral, in a one count misdemeanor Information filed September 30, 1996, with violating Section 1701 of Title 18, United States Code. That Section reads as follows:

The case was tried to the court on March 24th and 25th, 1997. When the government rested, after having called eleven witnesses, defendant moved for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure. That Rule commands the court to enter the requested judgment “after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses.” Thus the court is required to enter the judgment of acquittal if the evidence presented by the government is not sufficient to sustain a conviction of Mr. Almendral under 18 U.S.C. § 1701 . For the reasons set forth below, the court concludes that the evidence presented by the government is not sufficient to convict Mr. Almen-dral under this statute.

EVIDENTIARY SETTING

During the trial of this matter the government introduced substantial evidence iii support of…