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United States v. Fuller

United States District Court, E.D. Virginia, Newport News Division

September 4, 2014

UNITED STATES OF AMERICA,
v.
ANTONIO JERROD FULLER, Defendant.

MEMORANDUM ORDER

RAYMOND A. JACKSON, District Judge.

Before the Court is Defendant Antonio Jerrod Fuller's Motion for Judgment of Acquittal. ECF No. 186. Defendant was convicted by a jury on July 16, 2014 of eight counts, including racketeering conspiracy, narcotics conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, and various firearm offenses. Defendant now contends that a judgment of acquittal is warranted on all charges pursuant to Federal Rule of Criminal Procedure 29 because of insufficient evidence, government misconduct, and evidentiary error. In the alternative, he requests a new trial pursuant to Federal Rule of Criminal Procedure 33. For the reasons stated below, Defendant's motion is DENIED.

I. FACTUAL AND PROCEDURAL HISTORY

On July 17, 2013, Defendant was named in fourteen counts of a nineteen count Indictment. On November 12, 2013, Defendant was named in fourteen counts of a Superseding Indictment and was charged as follows:

• Count 1: Racketeering Conspiracy, 18 U.S.C. § 1962(d)
• Racketeering Act One: Conspiracy to Distribute Drugs
• Racketeering Act Two: Murder of Andre Morton on May 17, 2009
• Racketeering Act Three: Murder of Julius Johnson on May 17, 2009
• Racketeering Act Four: Attempted Murder of Edwin Powers on May 17, 2009
• Racketeering Act Five: Murder of Christian Hatch on November 4, 2009
• Racketeering Act Six: Attempted Murder of Desmond Finnell on November 4, 2009
• Count 2: Drug Conspiracy, 21 U.S.C. § 846
• Count 3: Murder in Aid of Racketeering Activity (Andre Horton), 18 U.S.C. § 1959(a)(1)
• Count 4: Use of Firearm Resulting in Death (Andre Horton), 18 U.S.C. § 924(c)(1), (j)
• Count 5: Murder in Aid of Racketeering Activity (Julius Johnson), 18 U.S.C. §1959(a)(1)
• Count 6: Use of Firearm Resulting in Death (Julius Johnson), 18 U.S.C. § 924(c)(1), (j)
• Count 7: Attempted Murder in Aid of Racketeering Activity (Edwin Powers), ...

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