United States v. Edwin Fuentes-Enamorado

MEMORANDUM

Edwin Fuentes-Enamorado appeals from his jury conviction of possession of a firearm by an illegal alien, in violation of 18 U.S.C. §§ 922 (g)(5)(A) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fuentes-Enamorado argues that the evidence is insufficient to show he knowingly possessed a firearm because a detective found the firearm in a shared bedroom in a house occupied by multiple tenants. Yet, as Fuentes-Enamorado acknowledges, his attorney failed to challenge the sufficiency of the evidence before the district court. We therefore review the district court’s decision for plain error. See United States v. Lowry, 512 F.3d 1194 , 1197-98 & n. 3 (9th Cir.2008) (“[Wjhen a defendant does not preserve a claim of sufficiency of the evidence by failing to make a motion for acquittal at the close of the evidence, [this court’s review] requires reversal only upon plain error or to prevent a manifest injus tice.” (internal quotation marks omitted)). Under plain error review, relief is unavailable unless error occurred that was plain, that affected substantial rights, and that had a serious impact on the “fairness, integrity, or public…