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United States v. Vargas-Ocampo, United State Court of Appeals, 5th Circuit, Docket No. 11-41363

Defendant was convicted at trial.  Thereafter, the defendant challenged one of two counts of his drug-trafficking conviction for insufficiency of evidence and the other for an erroneously submitted jury instruction. The court clarified that, because the Supreme Court had stated and repeatedly reaffirmed the constitutional test for sufficiency of the evidence to uphold a conviction, Jackson v. Virginia, the statements inconsistent with Jackson that have appeared in some Fifth Circuit cases must be disavowed. Nonetheless, when using the Jackson standard, the appellate court found that the evidence was sufficient to convict defendant of knowing, voluntary participation in a conspiracy to possess with intent to distribute marijuana. In sum, the appellate court concluded that the district court neither erred nor abused its discretion in giving the aiding and abetting jury instruction. Accordingly, the court affirmed the convictions.

 

Read the court's opinion here.

 

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