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UNITED STATES v. ATKINS

No. 79-5211.

618 F.2d 366 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Robert ATKINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 1980.

Attorney(s) appearing for the Case

Robert Dane Smith, Thomas G. Murray, Miami, Fla., for defendant-appellant.

Ronald G. Woods, John M. Potter, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before JONES, GEE and REAVLEY, Circuit Judges.

GEE, Circuit Judge:

The central issue in this rather close case is whether the record evidence, viewed as it must be on this appeal in the light most favorable to the guilty verdict,1 is sufficient to sustain that verdict. Our inquiry, of course, is not whether we — sitting as a jury — would conclude that defendant Robert Atkins is guilty beyond a reasonable doubt but whether in our judgment a reasonable-minded jury could...

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