What is the test for determining the sufficiency of evidence on appeal of a conviction of a murder for hire?

MultiRegion, United States of America

The following excerpt is from United States v. Babilonia, 854 F.3d 163 (2nd Cir. 2017):

In considering the sufficiency of the evidence on appeal of a conviction, we "view the evidence in the light most favorable to the government, crediting every inference that could have been drawn in the government's favor, and deferring to the jury's assessment of witness credibility and its assessment of the weight of the evidence." Rosemond , 841 F.3d at 113 (quoting United States v. Coplan , 703 F.3d 46, 62 (2d Cir. 2012) ). We must affirm if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Id. (quoting United States v. Vernace , 811 F.3d 609, 615 (2d Cir. 2016) ).

The murder-for-hire statute prohibits traveling in interstate or foreign commerce, or using a facility of interstate commerce, with intent that a murder "take place in exchange for the provision of, or a promise to pay, anything of pecuniary value." United States v. Frampton, 382 F.3d 213, 218 (2d Cir. 2004). Section 1958 of Title 18 of the United States Code provides:

18 U.S.C. 1958(a).

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