Can a defendant upset a jury verdict on a charge of possession with intent to distribute cocaine?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rodriguez-Alvidrez, 983 F.2d 1079 (9th Cir. 1992):
Rodriguez-Alvidrez also contends that the jury verdict is inconsistent because he was acquitted on Count I of the indictment for possession with intent to distribute cocaine, yet convicted on Count II for importation of cocaine. We review de novo the issue of whether a defendant may upset a verdict on the grounds that it is inconsistent with an acquittal on some other count. United States v. Smith, 802 F.2d 1119, 1126 (9th Cir.1986).
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