Ninth Circuit Vacates Conviction Based on Insufficient Evidence

Sufficiency-of-the-evidence challenges to a criminal conviction are notoriously difficult to win. California man and alleged gang member charged with drug conspiracy. Man: I left gang and bought drugs for my use. Contacts with gang is for friendship purpose. Jury: we believe defense and prosecution. Acquits on some distribution charges; convicts on drug distribution conspiracy and gun charges. Man appeals. Unanimous Ninth Circuit panel: Sufficiency-of-the-evidence challenges are difficult but not impossible. The evidence certainly showed that the California man was addicted to methamphetamine, the panel concludes, but not that he had anything to do with selling it. Convictions vacated. Enter a judgement of acquittal. So ordered.