What is the burden of a plaintiff in a motion challenging the sufficiency of the evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cusimano, 123 F.3d 83 (2nd Cir. 1997):
We note at the outset that in challenging the sufficiency of the evidence, appellant "bears a heavy burden. In reviewing such a challenge, we must view the evidence in the light most favorable to the government, crediting all inferences that could have been drawn in the government's favor." United States v. Miller, 116 F.3d 641, 676 (2d Cir.1997) (internal quotation marks and citations omitted).
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