Does the court enter judgments of acquittal under Rule 29?

We do not think the district court entered judgments of acquittal under Rule 29. "A defendant is acquitted and a government appeal barred only when the judge's ruling, whatever its label, actually represents a resolution in defendant's favor, correct or not, of some or all of the factual elements of the charged offense." United States v. Affinito, 873 F.2d 1261, 1264 (9th Cir.1989). Here, the district court had denied all Rule 29 motions at the close of evidence, the defense had not renewed those motions, neither the parties nor the court talked in terms of weighing the evidence, and the court did not purport to resolve any factual elements of the charged offenses.

Instead, the court stated during the status conference: