Is a motion for acquittal necessary at the end of the evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ochoa-Pineda, 86 F.3d 1164 (9th Cir. 1996):
The government argues that we must review for plain error because defendant failed to make a motion for acquittal at the end of the evidence. However, "no motion for acquittal is necessary in a bench trial in order to preserve for appeal a challenge to the sufficiency of the evidence." United States v. Atkinson, 990 F.2d 501, 503 (9th Cir.1993) (en banc).
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