Legal Opinion

United States v. Moore

Court of Appeals for the Eleventh Circuit

Decided October 26, 2007No. 07-10237PublishedCited by 15 opinions

1Opinion of the Court

CARNES, Circuit Judge:

This is a simple sufficiency of the evidence case governed by Federal Rule of Criminal Procedure 29(b), and specifically by the last sentence of that subsection. Fed.R.Crim.P. 29(b). It provides that if the district court reserves ruling on a motion for judgment of acquittal, the court must decide the motion on the basis of the evidence at the time the ruling was reserved. Id.

The provision is an important one. As the committee note to the amendment that added this provision in 1994 explains, it was designed to resolve a difficulty that defendants had faced when the court…

2Cases cited4 opinions

  1. United States v. RobertsonCourt of Appeals for the Eleventh Circuit · 2007
  2. United States v. Michael R. Bennett, William G. Bennett, Anastasio Cervantes, Eydler Castellano, Maximo Hildo Feijo-GarciaCourt of Appeals for the Eleventh Circuit · 1988
  3. United States v. Terry Lanier, Samuel Stevens, Carl JamersonCourt of Appeals for the Eleventh Circuit · 1991
  4. United States v. O.Z. Howard, Alfred James, and Ceabon JacksonCourt of Appeals for the Eleventh Circuit · 1990

3Cited by15 opinions

  1. United States v. Van NguyenCourt of Appeals for the Eighth Circuit · 2010
  2. United States v. TysonCourt of Appeals for the Third Circuit · 2011
  3. United States v. RichardsonCourt of Appeals for the Third Circuit · 2011
  4. State v. SelallaSouth Dakota Supreme Court · 2008
  5. United States v. Kendrick Eugene DuldulaoCourt of Appeals for the Eleventh Circuit · 2023

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