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U.S. v. STANTON

No. 06-10519.

501 F.3d 1093 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Randy S. STANTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2007.

Attorney(s) appearing for the Case

Peter S. Levitt, Assistant United States Attorney, Robert Ellman Appellate Chief, Las Vegas, NV, for the plaintiff-appellant.

John G. Watkins, Las Vegas, NV, for the defendant-appellee.

Before: ALFRED T. GOODWIN, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

GOODWIN, Circuit Judge:

A magistrate judge found Randy S. Stanton ("Stanton") guilty of driving while under the influence of alcohol to a degree that rendered him incapable of safe operation. On appeal from this conviction the district court reversed, holding that insufficient evidence supported the magistrate's decision. The United States appeals the district court's ruling, contending that it erred by concluding that no rational trier of fact could have found Stanton...

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