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                        as a courtesy to the reader. They are not part of the opinion of the court.

222914P.pdf   09/06/2023  United States  v.  Maria Nava
   U.S. Court of Appeals Case No:  22-2914
                          and No:  22-2966
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Melloy, Circuit Judges] Criminal case - Criminal law. The court could not say that the evidence of defendant De La Cruz Nava's involvement in a conspiracy to distribute drugs was so lacking that no reasonable jury could have found her guilty beyond a reasonable doubt, and the district court did not err in denying her motion for a judgment of acquittal; however, on this record, the court cannot determine whether the district court properly applied the standard for reviewing a motion for new trial under Rule 33, and the matter is remanded to the district court for consideration of defendant De La Cruz Nava's motion for a new trial as it relates to the drug trafficking conspiracy and related firearms count; the government did not meet its burden to establish that De La Cruz Nava was involved in a conspiracy to commit money laundering, and her conviction on that count is reversed; the district court did not err in ruling that defendant Guzman's Mexico-based alibi witnesses could not appear by Zoom; the district court did not err in admitting evidence that defendant Guzman committed an unrelated assault as it was relevant to establish knowledge of weapons and intent to use them, and the probative value of the evidence was not outweighed by the risk of unfair prejudice.