Does a motion for a judgment of acquittal constitute a waiver of the claim of insufficient evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cody, 26 F.3d 133 (9th Cir. 1994):

Under United States v. Kuball, 976 F.2d 529, 531 (9th Cir.1992), the defense's failure to move for a judgment of acquittal constitutes a waiver of the claim of insufficient evidence. See also United States v. Comerford, 857 F.2d 1323, 1324 (9th Cir.1988), cert. denied, 488 U.S. 1016 (1989). In Comerford, the court held that "[i]n this circuit, however, we may review the denial of a nonrenewed motion for acquittal, but 'only to prevent a manifest miscarriage of justice' or for plain error." Id. at 1324 (citation omitted); see also Kuball 976 F.2d at 531.

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