What is the test for a motion to vacate all but one of the remaining counts of sexual assault?
MultiRegion, United States of America
The following excerpt is from Lindstadt v. Keane, 239 F.3d 191 (2nd Cir. 2000):
2) whether the evidence on the vacated counts was similar to or distinct from that required to prove the remaining counts; and
3) the strength of the government's case on the remaining counts.
United States v. Naiman, 211 F.3d 40, 50 (2d Cir. 2000).
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