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United States v. Wiltshire

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 13, 2007

UNITED STATES OF AMERICA
v.
MARK ANTHONY WILTSHIRE, JR., DEFENDANT.

The opinion of the court was delivered by: George H. Lowe, United States Magistrate Judge

ORDER

Defendant has moved for a new trial. (Dkt. No. 29.) The Government has opposed the motion. (Dkt. No. 32.)

Although Defendant references a number of purported issues (Dkt. No. 29-3), his ultimate claim appears to be that the prosecutor's rebuttal summation, to the extent that it addressed a "mathematical formula" (Dkt. No. 29-3) based upon Dr. Closson's testimony, was improper. I disagree, and find that the rebuttal summation was fair comment based upon the evidence produced at trial. Accordingly, it is

ORDERED, that Defendant's motion (Dkt. No. 29) is DENIED.

20071113

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