What is the test for a motion to dismiss a motion for a judgment of acquittal at the conclusion of the presentation of all evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tovar-Sanchez, 878 F.2d 1439 (9th Cir. 1989):

2 The government argues that Tovar-Sanchez failed to move for a judgment of acquittal at the conclusion of the presentation of all evidence, and that as a result she has waived her claim of insufficiency of the evidence, absent plain error. See United States v. Rone, 598 F.2d 564, 572 (9th Cir.1979); United States v. Larson, 507 F.2d 385, 387 (9th Cir.1974). The record indicates, however, that after all of the evidence was in, counsel for the various defendants asked the court if they could renew their Rule 29 motion and the court replied that they could. (R.T.Vol. II at 483). Thus, we decline to apply the plain error standard the government suggests.

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