United States v. Ivory, 72-2368 Summary Calendar.

Decision Date03 November 1972
Docket NumberNo. 72-2368 Summary Calendar.,72-2368 Summary Calendar.
Citation468 F.2d 613
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Bobby Andrew IVORY, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

M. Howard Williams, Tallahassee, Fla., for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

Ivory appeals from a judgment of conviction on two counts entered on a jury verdict of guilty of passing and possessing counterfeit money in violation of 18 U.S.C.A. § 472. Without having moved for a judgment of acquittal in the district court, Ivory seeks reversal on the ground that the evidence was insufficient to warrant a conviction under either count. We affirm.

In a long unbroken line of cases, United States v. Hopkins, 5 Cir. 1972, 458 F.2d 1353, being the most recent, we have adhered to the principle that "in such a case our review of the sufficiency of the evidence is limited to a determination of whether there has occurred a `manifest miscarriage of justice.' We have held that such a miscarriage would exist only if it appears that the record is `devoid of evidence pointing to guilt.'" Id. at 1354 (footnotes omitted).

The evidence before the jury in this case not only pointed to guilt, it was overwhelming.

Affirmed.

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8 cases
  • U.S. v. Munoz-Romo
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 5 Noviembre 1991
    ...the evidence on a key element of the offense was so tenuous that a conviction would be shocking.' " Id. (quoting United States v. Ivory, 468 F.2d 613, 614 (5th Cir.1972) and United States v. Bullock, 551 F.2d 1377, 1385 (5th Cir.1977)). "In making this determination, the evidence, as with t......
  • U.S. v. Galvan
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 18 Diciembre 1991
    ...the evidence on a key element of the offense was so tenuous that a conviction would be shocking.' " Id. (quoting United States v. Ivory, 468 F.2d 613, 614 (5th Cir.1972) and United States v. Bullock, 551 F.2d 1377, 1385 (5th Cir.1977)). "In making this determination, the evidence, as with t......
  • U.S. v. Pierre
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 13 Abril 1992
    ...so tenuous that a conviction would be shocking.' " United States v. Ruiz, 860 F.2d 615, 617 (5th Cir.1988) (quoting United States v. Ivory, 468 F.2d 613, 614 (5th Cir.1972) and United States v. Bullock, 551 F.2d 1377, 1385 (5th Cir.1977)). We must review the evidence in the light most favor......
  • U.S. v. Ruiz, 88-2148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 10 Noviembre 1988
    ...of justice." Such a miscarriage would exist only if the record is "devoid of evidence pointing to guilt," United States v. Ivory, 468 F.2d 613, 614 (5th Cir.1972); or as was stated in United States v. Bullock, 551 F.2d 1377, 1385 (5th Cir.1977), "because the evidence on a key element of the......
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