U.S. v. Ragan

6 Citing cases

  1. United States v. Moreland

    665 F.3d 137 (5th Cir. 2011)   Cited 76 times   1 Legal Analyses
    Holding that the government presented insufficient evidence of knowledge of possession of child pornography where the computer was shared and the images were saved in unallocated "slack space" as opposed to folders associated with a particular user

    We remain highly deferential to jury verdicts, but are obligated, as judges, to reverse a conviction where, having viewed all evidence in the light most favorable to the prosecution, we must conclude that the record cannot support a conclusion that the prosecution established guilt beyond reasonable doubt. Id. at 318–19, 99 S.Ct. 2781; United States v. Ragan, 24 F.3d 657, 659 (5th Cir.1994) (“Although the strict nature of this standard demonstrates our reluctance to interfere with jury verdicts, this case is an example of why courts of appeal must not completely abdicate responsibility for reviewing jury verdicts.”). In the closing argument at trial, Keith's trial counsel attempted to explain this failure, arguing that although these witnesses were aware that Keith was the subject of a criminal investigation, they did not notify law enforcement of their suspicions regarding George because they did not know the investigation of Keith was a serious matter.

  2. Ragan v. C.I.R

    135 F.3d 329 (5th Cir. 1998)   Cited 24 times
    Noting that "a refund of excess withholding tax [is] merely . . . a repayment of earnings from employment"

    David was convicted, but this court reversed his conviction on appeal for insufficient evidence. United States v. Ragan, 24 F.3d 657 (5th Cir. 1994). David was also a party in a multi-district civil suit alleging that he participated in fraudulent transactions while employed for ContiArbitrage-Houston. See In re ContiCommodities Servs., Inc., 733 F. Supp. 1555 (N.D. Ill. 1990), aff'd in part sub nom, ContiCommodity Servs., Inc., v. Ragan, 63 F.3d 438 (5th Cir. 1995), cert. denied, 116 S.Ct. 1318 (1996).

  3. Conticommodity Services, Inc. v. Ragan

    63 F.3d 438 (5th Cir. 1995)   Cited 129 times
    Holding that a defendant may meet its burden of showing there is no genuine issue of material fact by pointing out the lack of evidence supporting an issue for which the plaintiff bears the burden of proof

    The conviction was reversed on appeal to this court because the record did not show a sufficient connection between David Ragan and the charged offenses. United States v. Ragan, 24 F.3d 657, 660 (5th Cir. 1994). The district court's grant of summary judgment against David Ragan, on the basis of his conviction which was on appeal at the time of judgment, was improper.

  4. U.S. v. Polk

    56 F.3d 613 (5th Cir. 1995)   Cited 38 times   2 Legal Analyses

    "[a]lthough the strict nature of this [sufficiency of the evidence] standard demonstrates our reluctance to interfere with jury verdicts, this case is an example of why courts of appeal must not completely abdicate responsibility for reviewing jury verdicts."Crain, 33 F.3d at 487 (quoting United States v. Ragan, 24 F.3d 657, 659 (5th Cir. 1994)). For these reasons, we reverse McMillian's conviction in Count 3 for possession with the intent to distribute.

  5. U.S. v. West

    58 F.3d 133 (5th Cir. 1995)   Cited 50 times
    Admitting IRS agent as expert witness on tax evasion based on her work experience and accounting education

    In reviewing the evidence supporting the conviction: United States v. Ragan, 24 F.3d 657, 659 (5th Cir. 1994); United States v. Pofahl, 990 F.2d 1456, 1467 (5th Cir.), cert. denied, ___ U.S. ___, 114 S. Ct. 266, 126 L.Ed.2d 218, ___ U.S. ___, 114 S. Ct. 560, 126 L.Ed.2d 460 (1993). It is not necessary that the evidence exclude every rational hypothesis of innocence or be wholly inconsistent with every conclusion except guilt, provided a reasonable trier of fact could find the evidence establishes guilt beyond a reasonable doubt.

  6. U.S. v. Crain

    33 F.3d 480 (5th Cir. 1994)   Cited 100 times
    Holding that consent to search a car extended to a closed paper bag lodged beneath the driver's seat notwithstanding absence of communication about the object of the search because "[t]his Circuit, relying on Jimeno, . . . has held that an individual's consent to an officer's request to `look inside' his vehicle is equivalent to general consent to search the vehicle and its contents, including containers such as luggage."

    "[a]lthough the strict nature of this standard demonstrates our reluctance to interfere with jury verdicts, this case is an example of why courts of appeal must not completely abdicate responsibility for reviewing jury verdicts."United States v. Ragan, 24 F.3d 657, 659 (5th Cir. 1994). For the reasons stated, we hold that the evidence was insufficient to convict Crain for possession of cocaine with the intent to distribute.