What is the test for a motion for judgment of acquittal at the close of all evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cree, 62 F.3d 1426 (9th Cir. 1995):

Because Cree failed to renew his motion for judgment of acquittal at the close of all the evidence, we review his argument only for plain error or to prevent a miscarriage of justice. See United States v. Kuball, 976 F.2d 529, 531 (9th Cir. 1992). Evidence is sufficient to support a conviction unless "no rational trier of fact could find the essential elements of the crime beyond a reasonable doubt after viewing the evidence in the light most favorable to the government." United States v. Lucas, 963 F.2d 243, 247 (9th Cir. 1992).

A. 18 U.S.C. Sec. 287 and 2(b)

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