U.S. v. IAFELICE

No. 91-6060.

978 F.2d 92 (1992)

UNITED STATES of America, Appellant, v. Mark IAFELICE.

United States Court of Appeals, Third Circuit.

Decided October 20, 1992.

Sur Petition for Rehearing November 19, 1992.


Attorney(s) appearing for the Case

Eric L. Muller (argued), Asst. U.S. Atty., Edna B. Axelrod, Newark, N.J. for appellant.

Dennis D. McAlevy (argued), McAlevy & Lynch, Union City, N.J., Paulette L. Pitt, Hayden, Perle & Silber, Weehawken, N.J., for appellee.

Before: BECKER, MANSMANN, and NYGAARD, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

A jury convicted Mark Iafelice of possessing heroin with the intent to distribute. Iafelice moved for a post-verdict judgment of acquittal, which the district court granted, concluding that the evidence was insufficient for a reasonable jury to conclude beyond a reasonable doubt that Iafelice committed the crime. The government appeals from this order. The principal issue is whether there was sufficient evidence...

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