Legal Opinion

United States v. Luis Morales-Montanez

Court of Appeals for the Sixth Circuit

Decided May 15, 2019No. 18-5207/5212PublishedCited by 35 opinions

1Opinion of the Court

JOHN K. BUSH, Circuit Judge.

A prosecutor "may strike hard blows" but "is not at liberty to strike foul ones." Berger v. United States , 295 U.S. 78 , 88, 55 S.Ct. 629 , 79 L.Ed. 1314 (1935). The prosecutor crossed that line in this case.

A jury convicted Luis Morales-Montanez and Jessica Acosta of possession with intent to distribute 500 grams or more of methamphetamine. On appeal, they argue that they were entitled to a judgment of acquittal because the government presented insufficient evidence to support their convictions. In the alternative, they argue for a new trial because they allege…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. United States v. YoungSupreme Court of the United States · 1985

21 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. United States v. Kitroy BuchananCourt of Appeals for the Sixth Circuit · 2019
  2. United States v. Sharon HallCourt of Appeals for the Sixth Circuit · 2020
  3. State of Maine v. Victoria ScottSupreme Judicial Court of Maine · 2019
  4. United States v. JordanCourt of Appeals for the First Circuit · 2022
  5. United States v. Mustafa Deville ReynoldsCourt of Appeals for the Sixth Circuit · 2023

30 more not listed; retrieve them via the Exa API.

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