Description: Fargo, North Dakota criminal defense lawyer represented defendant charged with drug possession.


A superseding indictment charged Britton with (1) possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1); and (2) conspiracy to possess with intent to distribute or distribute controlled substances in violation of 21 U.S.C. § 846. Doc. No. 74. The Government alleged, among other things, that, Britton was part of a conspiracy to distribute methamphetamine and heroin within the states of North Dakota and Minnesota and that on February 26, 2020, Britton possessed methamphetamine in Fargo, North Dakota.

Trial commenced on May 3, 2022. Doc. No. 122. When the Government's case-in-chief concluded, Britton moved for judgment of acquittal based on a purported insufficiency of evidence. Id. The Court denied the motion. Id. On May 9, 2022, the jury returned guilty verdicts on both counts. Doc. No. 121. Britton now renews his motion for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure. Britton also moves for a new trial.


Upon a defendant's motion, a court “must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.” Fed. R. Crim. P. 29(a). A post-verdict judgment of acquittal is warranted only if, “viewing the evidence in the light most favorable to the Government and accepting all reasonable inferences that may be drawn in favor of the verdict, no reasonable jury could have found the defendant guilty.” United States v. Jenkins, 758 F.3d 1046, 1049 (8th Cir. 2014) (cleaned up). “This standard is ‘very strict' and a jury's verdict should not be overturned lightly.” United States v. Boesen, 491 F.3d 852, 855 (8th Cir. 2007) (quoting United States v. Ellefson, 419 F.3d 859, 862 (8th Cir. 2005)). A reviewing court “must neither assess the witnesses' credibility nor weigh the evidence.” United States v. Johnson, 474 F.3d 1044, 1048 (8th Cir. 2007) (citing United States v. Thompson, 285 F.3d 731, 733 (8th Cir. 2002)).

Outcome: "The Court has reviewed the record, the parties' filings, and the relevant legal authority. For the reasons above, Britton's motion for judgment of acquittal and new trial (Doc. No. 127) is DENIED." United States v. Britton (D. N.D. 2022)

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