Government of the Virgin Islands v. Smalls

OPINION I

This matter is before the court on the Defendant's Motion for Judgment of Acquittal as to Counts I and II pursuant to Rule 29 of the Federal Rules of Criminal Procedure, or, in the alternative, for a New Trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. The Government opposes the motion.

The question presented on the Rule 29 motion is whether there is substantial evidence from which the jury could find guilt beyond a reasonable doubt, and the question presented on the Rule 33 *159motion is whether the verdict is contrary to the weight of the evidence and a miscarriage…