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U.S. v. Lopez

Sufficient Evidence Supports VICAR Murder, Other Convictions in Gang Shooting Deaths

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DECISION AND ORDER

*1 Defendant Ismael Lopez was convicted, after a jury trial, of one count of racketeering conspiracy in violation of 18 U.S.C. §1962(d) (“RICO conspiracy”), two counts of murder in aid of racketeering in violation of 18 U.S.C. §1959(a) (“VICAR murder”), one count of narcotics conspiracy in violation of 21 U.S.C. §846, and one count of possessing firearms in furtherance of a drug-trafficking crime in violation of 18 U.S.C. §924(c). The convictions were for conspiracy to participate in organized criminal activities of a violent street gang in Buffalo, New York, for an accessorial role in the April 17, 2006 VICAR murders of Brandon MacDonald and Darinell Young, for gang-related drug-trafficking, and for weapons possession in furtherance of gang-related drug-trafficking. Each of the VICAR murder convictions carry a sentence of mandatory life imprisonment. 18 U.S.C. §1959(a)(1).Defendant Lopez moves pursuant to Fed. R. Crim. P. 29 for a judgment of acquittal notwithstanding the jury’s verdicts based primarily upon arguments that, due to errors in the conduct of the trial, there was insufficient admissible evidence for a rational jury to find him guilty as an accessory to the VICAR murders. The Defendant also challenges the sufficiency of the evidence in support of the other counts of

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