Opinion

United States v. Thomas

  • 12 F.3d 1350
  • 1994 U.S. App. LEXIS 1228
  • 1994 WL 18033
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 25, 1994
Status
Published
Author
Garza
On the bench
Wiener, Garza, Little
Cited by
179 cases
Authority
More cited than 23.8%

finding no error in prosecutor’s comments that responded to defense counsel’s attacks on witnesses who testified pursuant to plea agreements

How later courts described this case

  • finding no error in prosecutor’s comments that responded to defense counsel’s attacks on witnesses who testified pursuant to plea agreements
  • applying “clearly erroneous” standard and noting, that there “appear[ed] to be no practical difference” between that standard and the “without foundation” or “great deference” standards used in other cases
  • distinguishing other terms, 20 such as “dedicated,” that are “implicitly not time-related”
  • affirming denial of motion to sever where district court gave cautionary instruction to consider each defendant individually

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING

Feb. 25, 1994.

EMILIO M. GARZA, Circuit Judge:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby GRANTED.

Defendant Jerry Thomas Maxwell correctly points out in his Petition for Rehearing that he moved for a judgment of acquittal after the jury returned a verdict of guilty. See Fed.R.Crim.P. 29(c). Accordingly, we must review Maxwell’s insufficiency of the evidence claim under the “rational jury,” and not the “manifest miscarriage of justice,” standard. See United States v. Galvan, 949 F.2d 777, 782-83 (5th Cir.1991). Under the rational jury standard, “we determine whether, viewing the evidence and the inference that may be drawn from it in the light most favorable to the verdict, a rational jury could have found the essential elements of the offenses beyond a reasonable doubt.” United States v. Pruneda-Gonzalez, 953 F.2d 190, 193 (5th Cir.), cert. denied, — U.S. -, 112 S.Ct. 2952 , 119 L.Ed.2d 575 (1992). The evidence presented at trial, see United States v. Thomas, 12 F.3d 1350, 1355-56 (5th Cir.1994), is sufficient to uphold Maxwell’s conviction for conspiracy to possess with intent to distribute controlled substances under either the rational jury or the manifest miscarriage of,justice standard. Accordingly, we AFFIRM Maxwell’s conviction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.