Robert Claude Beckett v. United States

The defendant Beckett appeals from a judgment of conviction on two counts of an indictment by which he was charged as the accomplice ( 18 U.S.C. § 2 ) of one Mathis in the unlawful sale and transportation of heroin ( 21 U.S.C. § 174 ). The ground of his appeal is that the evidence was insufficient to sustain a conviction.

After the government had rested, defendant moved for a judgment of acquittal. The court denied the motion. Defendant then introduced evidence. However, he did not renew his motion for acquittal at the conclusion of all the evidence, as required by Rule 29 (a). His failure to do so operates to waive the benefit of the motion. This court, however, may and frequently does review the sufficiency of the evidence to prevent a manifest miscarriage of justice. Robbins v. United States, 345 F.2d 930 (9th Cir. 1965).

Defendant’s sole point is that there was no proof of one of the essential elements common to the crimes charged against him, namely, his knowledge that the heroin was illegally imported into the United States. We agree.

The government’s evidence shows at most that Beckett introduced a Federal Bureau of Narcotics Agent to a peddler who three days later sold…