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Amerithrax — Part 13

189 pages · May 08, 2026 · Document date: Nov 9, 2006 · Broad topic: Terrorism · Topic: Amerithrax · 175 pages OCR'd
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: 3 é Page 25 of 29 proceeded to distinguish Rivamonte On the basis of the 14 strength of the additional evidence offered by the _ government in that case. As the Henderson court | concluded: "In the present case, the additional evidence, . together with the handwriting expert's ‘probable’ testimony, is not sufficient." 693 F.2d at 1032. Significantly, there is nothing in the Henderson decision to suggest that the court viewed the failure of the government to produce evidence showing that Mr. Henderson possessed the stolen check as determinative of the sufficiency of the evidence. Rather, the Henderson court reviewed the proffered evidence in its entirety and determined that there was insufficient evidence supplementing the ambiguous handwriting testimony to permit a reasonable jury to conclude beyond a reasonable doubt that Mr. Henderson was guilty of the offense of conviction.1 Notwithstanding the absence of any legal precedent for its conclusion that ambiguous handwriting evidence coupled with evidence of possession constitutes sufficient evidence to affirm a conviction under § 510(a), the government speciously reasons that Rosario's conviction 5/10/2005 http://vls.law.vill.edu/locator/3d/July1 997/97a1636p.htm
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