What is the test for establishing that evidence is sufficient to sustain a conviction for possession of a small amount of marijuana?

MultiRegion, United States of America

The following excerpt is from U.S. v. Baker, 10 F.3d 1374 (9th Cir. 1993):

The jury was instructed that the government was not required to prove the precise dates or quantities charged in the indictment, but only "a date reasonably near the date alleged" or a "substantially similar quantity." See United States v. Auerbach, 913 F.2d 407, 414 (7th Cir.1990) (evidence was sufficient for marijuana possession conviction despite variance between dates alleged in indictment and proved at trial). A rational juror who believed Den Hartog's testimony reasonably could have inferred that the transaction took place as alleged. See United States v. Lai, 944 F.2d 1434, 1440 (9th Cir.1991) (uncorroborated testimony of accomplice is enough to sustain conviction), cert. denied, --- U.S. ----, 112 S.Ct. 947, 117 L.Ed.2d 116 (1992).

2. Count 30

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