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United States v. Hassan

United States District Court, D. Nebraska

November 9, 2015

UNITED STATES OF AMERICA, Plaintiffs,
v.
LIBAN HASSAN, Defendant.

MEMORANDUM AND ORDER

Laurie Smith Camp Chief United States District Judge

This matter is before the Court on Defendant Liban Hassan’s Motion for Judgment of Acquittal under Federal Rule of Criminal Procedure 29 or, alternatively, Motion for New Trial under Federal Rule of Criminal Procedure 33 (Filing No. 91). For the reasons stated below, the Motion will be denied.

BACKGROUND

On August 13, 2015, Hassan was convicted of one count of interference with commerce by means of robbery in violation of 18 U.S.C. § 1951 for his involvement in the robbery of a Kum & Go convenience store in Omaha, Nebraska, on May 18, 2015.

At trial, the Government called M.S., a clerk working at the Kum & Go during the robbery. M.S. testified that, in total, the suspects took around $150 and approximately eight cartons of cigarettes during the robbery. (Tr. 26.) During M.S.’s testimony, the government offered Exhibit 1, a video recording of the robbery in progress. In foundational questioning regarding Exhibit 1, the following questions were posed to M.S., who gave the following answers:

Q. I've placed in front of you what's been marked as Government Exhibit 1. Have you seen that before?
A. Yes, I have.
Q. And what is it?
A. It is a video recording of the robbery in progress.
Q. It's actually a CD.
A. Yes, it is.
Q. Okay. And it has -- what does it have on the CD?
A. It has the full robbery taking place.
Q. Multiple different angles?
A. Yes.
Q. Have you seen that before today's testimony?
A. Yes, I have.
Q. When did you see it?
A. August 5th of 2015.
Q. And how do you know that you saw it on August 5th, 2015?
A. I was showed by the attorney.
Q. You came to my office.
A. Correct.
Q. And we showed it to you.
A. Yes.
Q. And you ...

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