United States v. Andrew Katakis

OPINION

N.R. SMITH, Circuit Judge:

The Government appeals the district court’s order granting Katakis’s Fed. R.Crim.P. 29 motion. The district court vacated Katakis’s conviction and entered a judgment of acquittal, holding that the evidence was insufficient to support the jury’s verdict. The Government’s theory of liability collapsed during trial, and the Government now raises several alternative theories to try and rescue the conviction. The evidence was insufficient to show that Katakis actually deleted electronic records or files. Further, proving Katakis moved emails from an email client’s…