United States v. Pauling

OPINION AND ORDER

J. PAUL OETKEN, District Judge:

On February 16, 2017, following a jury trial, John Pauling was convicted of conspiring to traffic in heroin, as well as several other narcotics and firearms crimes. (Dkt. No. 37.) Pauling moves pursuant to Federal Rule of Criminal Procedure 29 to vacate the portion of the jury’s verdict which found that the charged conspiracy involved a least 100 grams of heroin. In the alternative, Pauling moves for a new trial pursuant to Federal Rule of Criminal Procedure 33. For the reasons that follow, Pauling’s motion to vacate is granted, and his motion…