Memorandum Opinion and Order

Edward Lee Lewis was indicted on four counts of mailing threatening communications in violation of 18 U.S.C. § 876 (2002), one count of mailing a threat to the President in violation of 18 U.S.C. §§ 871 & 2(b) (2002), and one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), & 924(e)(1) (2002).  Prior to trial, Lewis filed a motion in limine to exclude  the testimony of the Government’s expert witness, forensic document analyst John W. Cawley, III, under Rule 702 of the Federal Rules of Evidence.  The court GRANTED the motion, finding that Mr. Cawley’s testimony was not sufficiently reliable to meet the standards for expert testimony under Rule 702, as explicated by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).  At trial, after the close of the Government’s evidence and at the close of all the evidence, the defendant moved for a judgment of acquittal based on insufficiency of the evidence pursuant to Rule 29(a) of the Federal Rules of Criminal Procedure.  The court DENIED the motions.  The defendant now moves for a judgment of acquittal pursuant to Rule 29(c), and for a new trial pursuant to Rule 33 [Docket 82].  The court DENIES that motion.  The court writes to further explain its rulings.