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U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin)

In this case Judge Scheindlin reversed two of the RICO convictions on the grounds that no reasonable jury could have found that the defendant's motivation for attempting to shoot a rival drug dealer was to increase his position in the gang.

Although the issue was never raised in opening arguments, ...

 

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