IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 25, 2012
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Berle M. Schiller, J.
AND NOW, this 25thday of January, 2012, upon consideration of Defendant's Motion for Judgment of Acquittal Pursuant to Federal Rule of Criminal Procedure 29, New Trial Pursuant to Federal Rule of Criminal Procedure 33, and Post-Conviction Dismissal, the Government's response thereto, and the parties' supplemental briefs, following a hearing conducted on December 7, 2011, and for the reasons stated in this Court's Memorandum dated January 25, 2012, it is hereby ORDERED that:
1. Defendant's Motion for New Trial Pursuant to Federal Rule of Criminal Procedure 33 (Document No. 41) is GRANTED.
2. Defendant is GRANTED a new trial on Count Two (49 U.S.C. § 46507).
BY THE COURT:
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