Felix
United States v. Felix
Opinion
Lead Opinion
Hamilton, J.
ORDER DENYING MOTION TO SET ASIDE VERDICT AND MOTION FOR NEW TRIAL
Defendant Cristian Quintero Felix has filed a motion to set aside verdict under *987 Fed. R. Crim. P. 29(c) and, in the alternative, a motion for new trial under Fed. R. Crim. P. 33. The government timely filed an opposition, and defendant filed a reply. The matter is submitted on the briefs. For the reasons discussed below, defendant’s motion to set aside verdict and motion for new trial are DENIED.
I. Motion to Set Aside Verdict
Defendant contends that the evidence presénted at trial was insufficient with respect to both counts, that is, possessing cocaine with intent to distribute in a school zone, in violation of 21 U.S.C. § 860 , and using or carrying a firearm in relation to a drug trafficking crime, or possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c).
A. Legal Standard
Rule 29 provides that “the court on the defendant’s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.” Fed. R. Crim. P. 29(a). On a challenge to the sufficiency of evidence to support a criminal conviction, the…