Can a motion for judgment of acquittal be reserved on the possession count?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rushdan, 870 F.2d 1509 (9th Cir. 1989):

2 Rushdan contends that the trial court committed reversible error by reserving its ruling on the motion for judgment of acquittal as to the possession count. While it is mandatory under rule 29(a) "that a motion for judgment of acquittal, made at the close of the Government's evidence, be ruled upon before [a] defendant is required to proceed with his evidence," United States v. Dreitzler, 577 F.2d 539, 552 (9th Cir.1978) (citations omitted), we will not reverse absent prejudice. Id. There is no prejudice if the government's evidence at the time of the motion is sufficient to support the jury verdict. Id. Since the government's evidence on the possession count satisfied the requirement of "affecting interstate commerce," the reservation of ruling was harmless error.

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