What is the test for a motion for acquittal based on insufficiency of the evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Diamond, 53 F.3d 249 (9th Cir. 1995):
We review a motion for acquittal based on insufficiency of the evidence under the same standard employed by the district court: whether " 'reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " United States v. Bishop, 959 F.2d 820, 829 (9th Cir.1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)).
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