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U.S. v. WALKER

No. 94-CR-328.

912 F.Supp. 655 (1996)

UNITED STATES v. Tyrone WALKER, Walter Diaz, and Tony Walker, Defendants.

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

January 9, 1996.

Attorney(s) appearing for the Case

United States Attorney, Binghamton, NY, for the Government; Miroslav Lovric and Bernard J. Malone, Jr., Asst. U.S. Attys., of counsel.

Hinman, Howard & Kattell, Binghamton, NY; Albert Millus, of counsel and Ruhnke & Barret, West Orange, NJ; David A. Ruhnke, of counsel, for Defendant Tyrone Walker.

Peter Orville, P.C., Vestal, NY and Carl J. Herman, Livingston, NJ, for Defendant Walter Diaz.

Richard Allen, Binghamton, NY, for Defendant Tony Walker.

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

Tyrone Walker and Tony Walker have moved to dismiss the Count One CCE charges against them on the ground that the government has failed to prove beyond a reasonable doubt the fourth essential element of engaging in a Continuing Criminal Enterprise — they claim that the proof will not support a rational jury's conclusion that they each acted in concert...

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