Does a defendant waive his objection to the sufficiency of the evidence in a motion for acquittal?

MultiRegion, United States of America

The following excerpt is from U.S. v. Barth, 2 F.3d 1158 (9th Cir. 1993):

Barth waived his objection to the sufficiency of the evidence by failing to raise the argument in a motion for acquittal. See United States v. Lai, 944 F.2d 1434, 1440 (9th Cir.1991), cert. denied, 112 S.Ct. 947 (1992). "We therefore review only for plain error, so as to prevent a miscarriage of justice." Id.
To prove a violation of 28 U.S.C. Sec. 1341, the government must establish beyond a reasonable doubt that the defendant (1) formed a scheme to defraud and (2) used the mails in furtherance of the scheme. United States v. Kellogg, 955 F.2d 1244, 1247 (9th Cir.1992).

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