MILLER

v.

UNITED STATES

Citator

Cited By

• United States v. Schmick, 904 F.2d 936 (5th Cir. 1990)
  …es whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Kim, 884 F. 2d 189, 192 (5th Cir.1990); United States v. Nixon, 816 F. 2d 1022, 1029 (5th Cir.1987), cert. denied, 484 U.S. 1026, 108 S.Ct. 749, 98 L.Ed.2d 762 (1988). When making such a determination, “ ‘[i]t is not necessary that the evidence exclude every reasonable hypothesis of innocence or be wholly inconsistent with every conclusion except that of guilt ... ’” United S…
• United States v. Chaney, 964 F.2d 437 (5th Cir. 1992)
  …d at 1380 (“The ultimate test for sufficiency of evidence challenges is whether a reasonable jury could find that the evidence establishes guilt beyond a reasonable doubt.”); United States v. Nixon, 816 F. 2d 1022, 1029 (5th Cir.1987), cert. denied, 484 U.S. 1026, 108 S.Ct. 749, 98 L.Ed.2d 762 (1988). In other words, the “rule of reason” governs what a fact finder is permitted to infer from the evidence in a particular cáse, and fact finders may “use their common sense and evaluate the facts in light of thei…
• United States v. Pinelli, 890 F.2d 1461 (10th Cir. 1989)
  …, 485 F. 2d 1179, 1184 (10th Cir.1973), cert. denied, 416 U.S. 986, 94 S.Ct. 2391, 40 L.Ed.2d 764 (1974). Bur-bidge states the Tenth Circuit recently reaffirmed the standard in Johnston v. Ma-kowski, 823 F. 2d 387, 390 (10th Cir.1987), cert, denied, 484 U.S. 1026, 108 S.Ct. 750, 98 L.Ed.2d 763 (1988). Burbidge seeks rehearing in order for the proper standard of review to be applied. The two eases from our circuit relied upon by Burbidge both involve identified but unadmitted exhibits which were mistakenly g…