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United States of America v. Duane Allen Eddings

March 16, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DUANE ALLEN EDDINGS, DEFENDANT.



ORDER DENYING DEFENDANT'S MOTION FOR ACQUITTAL AND MOTION FOR A NEW TRIAL

This matter is before the Court on Defendant Duane Eddings's ("Eddings") Motion for Acquittal and Motion for New Trial (Doc. # 155). The United States of America (the "government") opposes the motion (Doc. # 166), and Eddings filed a reply to the opposition (Doc. # 169). Eddings moves the Court for judgment of acquittal and a new trial on Counts 3 and 4 of the Superseding Indictments, arguing there was insufficient evidence from which the jury could reasonably find Eddings guilty; on Counts 8, 9, and 10 of the Superseding Indictment on the grounds that the government either constructively amended the indictment at trial or fatally varied from the indictment; and on Counts 11 and 12 on the grounds that the government provided insufficient evidence to support a 2 conviction. For the reasons set forth below, Eddings's motion is 3

DENIED in its entirety.

I. LEGAL STANDARD

When considering a Rule 29 motion for a judgment of acquittal, 6 the evidence adduced at trial is viewed in the light most favorable 7 to the government, and an acquittal should not be ordered where 8 "any rational trier of fact could find each essential element of 9 the crime beyond a reasonable doubt." United States v. Mosley, 465 F.3d 412, 415 (9th Cir. 2006) (citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)) (emphasis in original).

When considering a Rule 33 motion for a new trial based on the sufficiency of the evidence, a court may grant a motion for a new trial only if it "concludes that, despite the abstract sufficiency of the evidence to sustain the verdict, the evidence preponderates sufficiently heavily against the verdict that a serious miscarriage of justice may have occurred . . . ." United States v. A. Lanoy Alston, D.M.D., P.C., 974 F.2d 1206, 1211--12 (9th Cir. 1992) (quoting United States v. Lincoln, 630 F.2d 1313, 1319 (8th Cir.1980)).

II. Counts 3-4 and 8-10

Eddings incorporates by reference his arguments with regard to these counts from his pre-judgment Motion for Acquittal (Doc. # 135). The Court denied that motion on November 21, 2011 (Doc. # 157). For the same reasons discussed in the ...


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