U.S. v. Brewer

Defendant was found guilty of multiple criminal offenses related to the sale and distribution of fentanyl. Defendant moved for acquittal under FRCP 29 after the jury indicated on the verdict form that the government had failed to prove beyond a reasonable doubt that defendant’s conspiracy and possession convictions involved at least 40 grams of fentanyl. The district court denied the motion and defendant appealed. The Seventh Circuit affirmed, finding that defendant failed to meet the high standard to overturn a jury verdict and that the district court did not clearly err in its drug quantity determination. (SYKES and RIPPLE, concurring)