Legal Opinion
United States v. McDowell
Court of Appeals for the Fifth Circuit
Decided August 24, 2007No. 06-10818PublishedCited by 65 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
On numerous bases, Brent Alan McDowell challenges his conviction and sentence for aiding and abetting the mailing of obscene material, in violation of 18 U.S.C. §§ 2(a) (aiding and abetting) and 1461 (knowingly using the United States mails to deliver obscene material). Primarily at issue is whether the evidence was sufficient to support that conviction. In that regard, McDowell failed to properly move at trial for judgment of acquittal. Accordingly, our standard of review is narrowed greatly to whether the conviction constitutes a manifest miscarriage…
2Cases cited22 opinions
- Pereira v. United StatesSupreme Court of the United States · 1954
- Nye & Nissen v. United StatesSupreme Court of the United States · 1949
- United States v. PeoniCourt of Appeals for the Second Circuit · 1938
- United States v. MaserattiCourt of Appeals for the Fifth Circuit · 1993
- United States v. JaramilloCourt of Appeals for the Fifth Circuit · 1995
17 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- United States v. WhitfieldCourt of Appeals for the Fifth Circuit · 2009
- United States v. MorelandCourt of Appeals for the Fifth Circuit · 2011
- United States v. Paul SuarezCourt of Appeals for the Fifth Circuit · 2018
- United States v. PercelCourt of Appeals for the Fifth Circuit · 2008
- United States v. Jabree WilliamsCourt of Appeals for the Third Circuit · 2020
60 more not listed; retrieve them via the Exa API.