Opinion
20-20341
10-13-2021
United States of America, Plaintiff, v. Creshaun McGee and Dwight Perry Defendants.
ORDER DENYING MOTION FOR JUDGMENT OF ACQUITTAL
Sean F. Cox, United States District Court Judge.
This matter is currently before the Court on Defendants' oral Motion for Judgment of Acquittal Pursuant to Rule 29.
In considering a motion for judgment of acquittal under Fed. R. Crim. P. 29, this Court must determine whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the elements of the crime beyond a reasonable doubt. United States v. Abner, 35 F.3d 251, 253 (6th Cir. 1994); United States v. Meyer, 359 F.3d 820, 826 (6th Cir. 1979). In doing so, the Court does not weight the evidence, consider the credibility of witnesses, or substitute its judgment for that of the jury. Id.
The Sixth Circuit has explained that a defendant claiming insufficiency of the evidence “bears a very heavy burden.” Abner, 35 F.3d at 253. On review, all evidence must be construed in a manner most favorable to the Government. Moreover, circumstantial evidence alone is sufficient to sustain a conviction. Id.
The Court having considered Defendants' motion, and viewing the evidence presented in the light most favorable to the prosecution, the Court concludes that a rational trier of fact could find the essential elements of each of the crimes charged beyond a reasonable doubt.
Accordingly, IT IS ORDERED that Defendants' Motion for Judgment of Acquittal is DENIED.
IT IS SO ORDERED.