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Judge Abused Discretion by Setting Aside Jury’s Drug Verdict

Aug. 18, 2022, 7:16 PM

A federal trial judge abused their discretion when they set aside a conviction in a drug case and ordered a new trial, the en banc Fifth Circuit said Thursday.

The judge believed that the government didn’t prove that the defendant knew the drug he was involved in selling was methamphetamine, which was an element of the crime, the opinion by Judge Gregg J. Costa said.

Under the Federal Rules of Criminal Procedure a judge may set aside a jury verdict and grant a new trial if it’s in the interest of justice, the US Court of Appeals for the Fifth ...