Opinion
Criminal No. 2015-50
09-16-2016
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN HENLEY, Defendant.
ATTORNEYS: Ronald Sharpe, United States Attorney Delia Smith, AUSA United States Attorney's Office St. Thomas, VI For the United States of America, Robert King, Esq. Law Offices of Robert King St. Thomas, VI For Kevin Henley.
ATTORNEYS:
Ronald Sharpe, United States Attorney
Delia Smith, AUSA
United States Attorney's Office
St. Thomas, VI
For the United States of America, Robert King, Esq.
Law Offices of Robert King
St. Thomas, VI
For Kevin Henley. JUDGMENT GÓMEZ, J.
The Court will issue a memorandum opinion outlining its reasons at a later date. --------
Before the Court is the motion of Kevin Henley ("Henley") seeking a judgment of acquittal.
A judgment of acquittal is appropriate if after reviewing the record in a light most favorable to the prosecution, the Court determines that no rational jury could find proof of guilt beyond a reasonable doubt and the verdict is supported by substantial evidence. United States v. Bobb, 471 F.3d 491, 494 (3d Cir.2006). The government may sustain this burden entirely through circumstantial evidence. Id.; see also United States v. Wexler, 838 F.2d 88, 90 (3d Cir.1988). "It is not [the Court's] role to weigh the evidence or to determine the credibility of the witnesses." United States v. Cothran, 286 F.3d 173, 175 (3d Cir.2002)
The premises considered, it is hereby
ORDERED that the motion for judgment of acquittal is hereby GRANTED; it is further
ORDERED that Kevin Henley is hereby ACQUITTED of the crime alleged at Count One of the Indictment in this matter; it is further
ORDERED that the indictment is DISMISSED; it is further
ORDERED that the trial setting in this matter is hereby VACATED; and it is further
ORDERED that the Clerk of Court shall CLOSE this case.
/s/ _________
Curtis V. Gómez
District Judge