The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. District Judge
ORDER GRANTING DEFENDANT'S ) MOTION FOR A JUDGMENT OF ACQUITTAL (Doc. No. 44)
Presently before the Court is Defendant Glenn Gottfried's Motion for a Judgment of Acquittal pursuant to Rule 29(c)(1) of the Federal Rules of Criminal Procedure as to counts 1, 2 and 3 following his conviction of bringing in aliens for financial gain after a jury trial. For the reasons stated herein, the Court GRANTS Defendant's motion.
A. Motion for a Judgment of Acquittal
Rule 29(c)(1) of the Federal Rules of Criminal Procedure provides the following:
(c) After Jury Verdict or Discharge.
(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.
(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal.
(3) No Prior Motion Required. A defendant is not required to move for a judgment of acquittal before the court submits the case to the jury as a prerequisite for making such a motion after jury discharge.
B. Bringing in and Harboring Aliens
8 USC § 1324 (a)(2)(B)(ii):
(2)Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs-
(ii)an offense done for the purpose of commercial advantage or private financial gain shall be punished ...