U.S. v. CARABALLO-RODRIGUEZ

No. 11-3768.

726 F.3d 418 (2013)

UNITED STATES of America, Appellant v. Richard CARABALLO-RODRIGUEZ.

United States Court of Appeals, Third Circuit.

Filed: August 8, 2013.

Court Ordered Sua Sponte Rehearing En Banc on March 12, 2013.

Argued En Banc on May 29, 2013.


Attorney(s) appearing for the Case

Zane David Memeger, Esquire , United States Attorney, Robert Zauzmer, Esquire (Argued), Assistant United States Attorney, Chief of Appeals, Joseph T. Labrum, III, Esquire , Office of United States Attorney, Philadelphia, PA, Counsel for Appellant, Christopher D. Warren, Esquire (Argued), Philadelphia, PA, for Appellee.

Christopher D. Warren, Esquire (Argued), Philadelphia, PA, for Appellee.

Before: McKEE, Chief Judge, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE and SHWARTZ, Circuit Judges.


OPINION

RENDELL, Circuit Judge:

This case is the last in a long line of cases in which the parties and the district courts have had to divine whether, notwithstanding the jury's guilty verdict, there was sufficient evidence — and whether we would conclude there was sufficient evidence — for the jury to have determined that the defendant knew that the object of the conspiracy in which he participated was a controlled substance, as opposed to...

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