The following excerpt is from U.S. v. Cazares-Barragan, 8 F.3d 31 (9th Cir. 1993):
Cazares contends the evidence was insufficient to support his conviction. However, Cazares is foreclosed from arguing this issue. As the Government points out, Cazares waived this argument by not only failing to move but in stating at trial that he would not move for judgment of acquittal to challenge the sufficiency of the evidence. See United States v. Smith, 924 F.2d 889, 893 (9th Cir.1991); United States v. Harden, 846 F.2d 1229, 1232 (9th Cir.), cert. denied, 488 U.S. 910 (1988).
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