Is a motion for review of the sufficiency of the evidence waived if the accused fails to make a motion of judgment of acquittal before the matter is sent to the jury?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tisor, 96 F.3d 370 (9th Cir. 1996):
Under the law of this circuit, it is clear that the right to seek review of the sufficiency of the evidence is waived if the accused fails to make a motion for a judgment of acquittal before the matter is submitted to the jury. For example, in United States v. Ward, 914 F.2d 1340 (9th Cir.1990), we concluded:
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