What is the test for a motion for judgment of acquittal based on insufficiency of the evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Williams, D.C. No. 3:09-cr-00027-TMB-1, No. 10-30204 (9th Cir. 2011):
We review de novo the denial of a motion for judgment of acquittal based on insufficiency of the evidence. United States v. Hernandez, 105 F.3d 1330, 1332 (9th Cir. 1997). "While mere proximity to the scene of illicit activity is not sufficient to establish involvement in a conspiracy, a defendant's presence may support such an inference when viewed in context with other evidence." United States v. Penagos, 823 F.2d 346, 348 (9th Cir. 1987).
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