USA v. Whyte et al (3:19-cr-00064-VAB)

ORDER denying (Document 1967) Motion for New Trial as to Anthony Whyte (1); denying as moot (Document 1975) Motion for Acquittal as to Anthony Whyte (1).

For the reasons described in the attached ruling and order, Mr. Whyte's motion for a new trial is DENI ED and Mr. Whyte's motion for reconsideration is DENIED.

In light of the notice of withdrawal, Mr. Whyte's motion for acquittal nunc pro tunc is DENIED as moot.

Signed by Judge Victor A. Bolden on 3/10/2023. (Bartlett, H)

ORDER denying 1982 Motion for Reconsideration.

For the reasons explained in the attached ruling and order, the Court DENIES the Government's motion for reconsideration.

Signed by Judge Victor A. Bolden on 12/8/2022. (Bartlett, H)

ORDER denying 1770 Motion for Acquittal as to Anthony Whyte (1); granting in part and denying in part 1771 Motion for Acquittal as to Amy Sarcia (20); granting in part and denying in part 1786 Motion for Acquittal as to Amy Sarcia (20).

For the reasons described in the attached ruling and order, the Court DENIES Mr. Whytes motion for judgement of acquittal.

As to Ms. Sarcia, the Court GRANTS in part and DENIES in part Ms. Sarcias motion for judgment of acquittal .

The motion for acquittal is GRANTED as to COUNT ONE, but DENIED as to Count Thirteen.

Consistent with Rule 29 and 31(c) of the Federal Rules of Criminal Procedure, however, the Court will enter a judgment of conviction as to M s. Sarcia on the lesser included offense of a conspiracy without any specific quantity of cocaine or heroin in violation of 21 U.S.C. Sections 841(a)(1), 841(b)(1)(C). Also consistent with Rule 29(d), the Court conditionally grants Ms. Sarcia a new trial on Count One, in the event the Second Circuit Court of Appeals vacates or reverses this Rule 29 ruling.

Signed by Judge Victor A. Bolden on 09/09/2022. (Jean-Jacques, Walter)