What is the test for a motion of acquittal under Rule 29 de novo?

MultiRegion, United States of America

The following excerpt is from United States v. White, 19-3313-cr(L), 20-805-cr(XAP) (2nd Cir. 2021):

"[W]e review the grant or denial of a judgment of acquittal under Rule 29 de novo." United States v. Eppolito, 543 F.3d 25, 45 (2d Cir. 2008). In so doing, "we apply the same standard as the district court applied in its review of the evidence." United States v. Jackson, 335 F.3d 170, 180 (2d Cir. 2003). "Under Rule 29, a district court will grant a motion to enter a judgment of acquittal on grounds of insufficient evidence if it concludes that no rational trier of fact could have found the defendant guilty beyond a reasonable doubt." Id. In making that assessment, "the court must view the evidence presented in the light most favorable to the government," and "[a]ll permissible inferences must be drawn in the government's favor." United States v. Guadagna, 183 F.3d 122, 129 (2d Cir. 1999). A court may therefore grant a defendant's motion for a judgment of acquittal "only 'if the evidence that the defendant committed the crime alleged was nonexistent or meager.'" Jackson, 335 F.3d at 180. Accordingly, "[a] defendant who challenges the sufficiency of the evidence to support his conviction 'bears a heavy burden.'" Id.

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