What is the test for a motion for a retrial of a charge of conspiracy to pervert the course of justice?

MultiRegion, United States of America

The following excerpt is from U.S. v. Farias-Torres, 35 F.3d 572 (9th Cir. 1994):

Torres claims the evidence at trial was insufficient to support his conviction. "Because [Torres] failed to renew his motion for judgment of acquittal at the close of his case, he effectively waived his objection to the sufficiency of the government's evidence. In this circuit, however, we may review the denial of a nonrenewed motion for acquittal, but only 'to prevent a manifest miscarriage of justice' or for plain error." United States v. Comerford, 857 F.2d 1323, 1324 (9th Cir.1988), cert. denied, 488 U.S. 1016 (1989) (citations omitted).

The government clearly established the existence of a conspiracy. Therefore, evidence of only a slight connection to the conspiracy was necessary to convict Torres of knowing participation in it. See United States v. Arbelaez, 719 F.2d 1453, 1458 (9th Cir.1983), cert. denied, 467 U.S. 1255 (1984).

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