Does the plain error standard apply when a jury fails to find constructive possession of cocaine?
MultiRegion, United States of America
The following excerpt is from U.S. v. Zapata-Galvez, 9 F.3d 1555 (9th Cir. 1993):
Zapata contends that a reasonable jury could not find that he had constructive possession of the cocaine. He did not renew his motion for acquittal at the close of the trial and therefore the plain error standard applies. United States v. Mora, 876 F.2d 76, 77 (9th Cir.1989).
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