United States v. Huezo

JON O. NEWMAN, Circuit Judge,

with whom Judge WALKER and Judge SOTOMAYOR (although dissenting on the merits) join, concurring:

Whether evidence suffices to permit a reasonable jury to find guilt beyond a reasonable doubt is sometimes a close question, as this case illustrates. The four judges who have conscientiously reviewed the record are evenly divided, but the hierarchical structure of the appellate process results in a 2-1 affirmance of the conviction. I agree with that result and join the entirety of Judge Walker’s carefully reasoned opinion. I write separately, however, to take issue…