[DOWNLOAD] "United States v. Mcdowell" by United States Court of Appeals for the Ninth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Mcdowell
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 24, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On numerous bases, Brent Alan McDowell challenges his conviction and sentence for aiding and abetting the mailing of obscene material, in violation of 18 U.S.C. çç 2(a) (aiding and abetting) and 1461 (knowingly using the United States mails to deliver obscene material). Primarily at issue is whether the evidence was sufficient to support that conviction. In that regard, McDowell failed to properly move at trial for judgment of acquittal. Accordingly, our standard of review is narrowed greatly to whether the conviction constitutes a manifest miscarriage of justice. That standard is satisfied, however, by the Governments failing to show McDowell possessed the mens rea necessary to aid or abet the violation of ç 1461. VACATED.