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U.S. v. ROBERTS

No. 89 Cr. 0892 (RWS).

735 F.Supp. 537 (1990)

UNITED STATES of America, v. Jerome Vincent ROBERTS, et al., Defendants.

United States District Court, S.D. New York.

April 6, 1990.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City (Theodore E. Chervin, Asst. U.S. Attys., of counsel), for U.S.

Federal Defender Services Unit The Legal Aid Soc., New York City (Paul Davison, of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendant Jerome Roberts ("Roberts") has moved pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure for acquittal on Count II of the indictment on which he was convicted by jury on the ground that in the absence of an intent to distribute a controlled substance within 1000 feet of a school, the "schoolyard statute", 21 U.S.C. § 845a(a) is not proven. For the reasons set forth below, the motion is granted....

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