The following excerpt is from U.S. v. Huerta-Macias, 26 F.3d 134 (9th Cir. 1994):
We agree. While there was ample proof that Huerta was guilty of the offense of possession with intent to distribute, there was insufficient evidence that he conspired with a third party to commit that substantive offense. See United States v. Hart, 963 F.2d 1278, 1283 (9th Cir.1992) ("In order to convict [the defendant] of conspiracy the government had to prove that at least two persons were involved in the conspiracy."). The district court did not err by granting the motion for judgment of acquittal on the conspiracy count.
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