Judge John Koeltl
Four individuals—who had previously used illegal drugs at a “rave”—were directly or indirectly involved in two drug transactions in which Arroyo allegedly sold them quantities of cocaine. Charged under a three-count indictment, a jury found Arroyo guilty of intentionally and knowingly distributing and possessing with intent to distribute a detectable amount of cocaine, in violation of 21 USC §841(a) and (b)(1)(C). District court denied Arroyo’s motions seeking either judgment of acquittal under Federal Rule of Criminal Procedure 29(c), or new trial pursuant to Rule 33(a). Recounting the testimony provided by the four individuals, the court determined that based on the witnesses’ testimony a reasonable juror could readily conclude, beyond a reasonable doubt, that the substance Arroyo possessed—and which the witnesses ingested—was cocaine. The court further determined that Arroyo did not show extraordinary circumstances warranting a new trial. The totality of the evidence showed beyond a reasonable doubt that the substance Arroyo possessed was cocaine. The absence of a chemical analysis or physical evidence did not compel a different result. Thus, there was no interest of justice favoring a new trial.