American Samoa Government v. Tauala
American Samoa Government v. Tauala
Opinion of the Court
Order Denying Motions For Judgment of Acquittal:
PROCEDURAL HISTORY
STANDARD OF REVIEW
After the jury returns a guilty verdict, a defendant may move that the court set aside the verdict and enter a judgment of acquittal. T.C.R.Cr.P. Rule 29(c). In considering a motion for acquittal, a trial court must "determine whether, viewing all the evidence in the light most favorable to the Government and drawing all reasonable inferences and credibility choices in favor of the jury’s verdict, a reasonable trier of fact could find that the evidence established guilt beyond a reasonable doubt." United States v. O’Keefe, 825 F.2d 314, 319 (11th Cir. 1987) (internal citation omitted) (citing United States v. Brand, 775 F.2d 1460 (11th Cir. 1985); United States v. Cole, 755 F.2d 748 (11th Cir. 1985)); see also United States v. Dreitzler, 577 F.2d 539, 545 (9th Cir. 1978) (citing United States v. Figueroa-Paz, 468 F.2d 1055, 1058 (9th Cir. 1972)), cert. denied 440 U.S. 921. Indeed, the trial court is to keep in mind that "it is the exclusive function of the jury to determine the credibility of witnesses, resolve evidentiary conflicts and draw reasonable inferences from proven facts." Dreitzler, 577 F.2d at 545 (quoting United States v. Rojas, 554 F.2d 938, 943 (9th Cir. 1977)).
DISCUSSION
Under the embezzlement statute, a "person commits the crime of embezzlement if he knowingly misappropriates property of another which has been entrusted to him or which has lawfully come under his control." A.S.C.A. § 46.4104(a). For purposes of this prosecution, a "person commits the crime of stealing if he appropriates property ... of another with the purpose to deprive him of it, . . . by means of deceit." A.S.C.A. § 46.4103(a). Embezzlement is a class C felony, as is stealing property valued at $100 or more. A.S.C.A. §§ 46.4104(b); 46.4103(b)(1). Sufficient evidence existed for the jury to find that defendant "misappropriated" and "appropriated" the Government’s TAOA vouchers.
CONCLUSION
Viewing the evidence in the light most favorable to the Government, this court finds that ample evidence supported the jury’s factual findings. Defendant engaged in "appropriating" and "misappropriating" the TAOA vouchers, which have a cash value of $100 or more at the time and place of each crime charged, in violation of the statutes defining embezzlement and stealing. Therefore, defendant’s motions for a judgment of acquittal on each of the eight counts are denied.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.