What is the test for a motion for acquittal at the close of the prosecution's evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lopez, 902 F.2d 41 (9th Cir. 1990):

Lopez moved for acquittal at the close of the government's evidence, but failed to renew his motion at the close of his own evidence. This court reviews the denial of a non-renewed motion for acquittal 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, 109 S.Ct. 812 (1989).

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