Is insufficient evidence sufficient to overturn a conviction for conspiracy and possession?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mares, 940 F.2d 455 (9th Cir. 1991):

Both of the appellants argue that there is insufficient evidence to support their convictions for conspiracy and possession. In reviewing the sufficiency of the evidence supporting a conviction, we search the record to determine "whether a reasonable jury, after viewing the evidence in the light most favorable to the government, could have found the defendants guilty beyond a reasonable doubt of each essential element of the crime charged." United States v. Douglass, 780 F.2d 1472, 1476 (9th Cir.1986). The relevant inquiry is not whether the evidence excludes every hypothesis except guilt, but whether the jury could reasonably arrive at its verdict. United States v. Fleishman, 684 F.2d 1329, 1340 (9th Cir.), cert. denied, 459 U.S. 1044, 103 S.Ct. 464, 74 L.Ed.2d 614 (1982); United States v. Federico, 658 F.2d 1337, 1343 (9th Cir.1981), overruled on other grounds, United States v. De Bright, 730 F.2d 1255, 1259 (9th Cir.1984) (en banc). With these principles in mind, we address the convictions for conspiracy and possession.

1. Conspiracy to possess with intent to distribute.

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