United States v. Nguyen, No. 13-1455 (8th Cir. 2014)
Annotate this CaseDefendant appealed her conviction for knowingly trafficking in contraband cigarettes in violation of 18 U.S.C. 2342(a). The court concluded that the government failed to prove a knowing violation of section 2342(a); there was sufficient evidence that defendant knowingly received the packages but not that she knowingly received "contraband cigarettes" hidden inside the packages; and the Double Jeopardy Clause required entry of judgment of acquittal. Accordingly, the court reversed the judgment of the district court.
Court Description: Criminal case - Criminal law. The government's evidence was insufficient to establish that defendant knowingly shipped, transported, received, possessed, sold or distributed 'contraband cigarettes' in violation of 18 U.S.C. Sec. 2342(a), and her conviction on the charge is reversed; since the government had a fair opportunity to offer its proof, the Double Jeopardy Clause requires entry of a judgment of acquittal rather than the grant of a new trial.
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