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U.S. v. Ramos

No Error in Counts' Joint Trial; Partial Acquittal Showed Jury Understood Reasonable Doubt

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DECISION AND ORDER

*1 Gregory Ramos was charged in a 4-count superseding indictment with: possessing cocaine base with intent to distribute it on August 14, 2015 (Count 1); possessing cocaine with intent to distribute it on May 23, 2016 (Count 2); possessing a firearm in furtherance of a drug trafficking crime on May 23, 2016 (Count 3); and possessing a firearm while being subject to an order of protection on May 23, 2016 (Count 4). Docket Item 10. On March 22, 2017, a jury acquitted Ramos on Count 1 and convicted him on Counts 2-4. Docket Item 85. Ramos then moved for a judgment of acquittal or, in the alternative, a new trial. Docket Item 96.On May 5, 2017, Ramos submitted his motion and supporting memorandum. Id. On June 9, 2017, the government filed its opposing papers, Docket Item 109, and on June 23, 2017, Ramos replied, Docket Item 110. After the court heard oral argument and requested further briefing, Ramos filed a memorandum of law on August 25, 2017. Docket Item 119. When the government did not respond, the Court issued a text order directing the government to do so, Docket Item 120, and the government then responded on October 2, 2017, Docket Item 121.

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