What is the standard of review for a motion for a retrial of a charge of sexual assault?

MultiRegion, United States of America

The following excerpt is from U.S. v. Molina-Ontiveros, 919 F.2d 146 (9th Cir. 1990):

Because appellant did not raise the issues properly in the district court, we review only for plain error. United States v. Comerford, 857 F.2d 1323, 1324 (9th Cir.1988) (nonrenewed motion for acquittal based on sufficiency of the evidence reviewed for miscarriage of justice or plain error); United States v. Birges, 723 F.2d 666, 672 (9th Cir.1984) (prosecutorial misconduct not objected to at trial reviewed for plain error).

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