The following excerpt is from U.S. v. Provenzano, 615 F.2d 37 (2nd Cir. 1980):
The standard for making that determination is so well established in this Circuit that we shall not dilate upon it. United States v. Rivera, 513 F.2d 519, 528-30 (2 Cir.) (Friendly, J.) cert. denied, 423 U.S. 948 (1975); United States v. Taylor, 464 F.2d 240 (2 Cir. 1972) (Friendly, J.). As stated in Rivera, supra, 513 F.2d at 529, the test is whether
" 'upon the evidence, giving full play to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, a reasonable mind might fairly conclude guilt beyond a reasonable doubt.' ", quoting Curley v. United States, 160 F.2d 229, 232-33 (D.C. Cir.), cert. denied, 331 U.S. 837 (1947).
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