USA v. HENLEY
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. KEVIN HENLEY, Defendant. ) ) ) ) ) Criminal No. 2015-50 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, Robert King, Esq. Law Offices of Robert King St. Thomas, VI For Kevin Henley. JUDGMENT1 GÓMEZ, J. Before the Court is the motion of Kevin Henley (“Henley”) seeking a judgment of acquittal. A judgment of acquittal is appropriate if after reviewing the record in a light most favorable to the prosecution, the Court determines that no rational jury could find proof of guilt beyond a reasonable doubt and the verdict is supported by substantial evidence. United States v. Bobb, 471 F.3d 491, 494 1 The Court will issue a memorandum opinion outlining its reasons at a later date. Case: 3:15-cr-00050-CVG-RM Document #: 78 Filed: 09/16/16 Page 1 of 2 United States v. Henley Criminal No. 2015-50 Order (3d Cir.2006). …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. KEVIN HENLEY, Defendant. ) ) ) ) ) Criminal No. 2015-50 ) ) ) ) ) ATTORNEYS: Ronald Sharpe, United States Attorney Delia Smith, AUSA United States Attorney’s Office St. Thomas, VI For the United States of America, Robert King, Esq. Law Offices of Robert King St. Thomas, VI For Kevin Henley. JUDGMENT1 GÓMEZ, J. Before the Court is the motion of Kevin Henley (“Henley”) seeking a judgment of acquittal. A judgment of acquittal is appropriate if after reviewing the record in a light most favorable to the prosecution, the Court determines that no rational jury could find proof of guilt beyond a reasonable doubt and the verdict is supported by substantial evidence. United States v. Bobb, 471 F.3d 491, 494 1 The Court will issue a memorandum opinion outlining its reasons at a later date. Case: 3:15-cr-00050-CVG-RM Document #: 78 Filed: 09/16/16 Page 1 of 2 United States v. Henley Criminal No. 2015-50 Order (3d Cir.2006). The government may sustain this burden entirely through circumstantial evidence. Id.; see also United States v. Wexler, 838 F.2d 88, 90 (3d Cir.1988). “It is not [the Court’s] role to weigh the evidence or to determine the credibility of the witnesses.” United States v. Cothran, 286 F.3d 173, 175 (3d Cir.2002) The premises considered, it is hereby ORDERED that the motion for judgment of acquittal is hereby GRANTED; it is further ORDERED that Kevin Henley is hereby ACQUITTED of the crime alleged at Count One of the Indictment in this matter; it is further ORDERED that the indictment is DISMISSED; it is further ORDERED that the trial setting in this matter is hereby VACATED; and it is further ORDERED that the Clerk of Court shall CLOSE this case. S\ Curtis V. Gómez District Judge Case: 3:15-cr-00050-CVG-RM Document #: 78 Filed: 09/16/16 Page 2 of 2