United States v. Edgar Omar Keller-Canal

MEMORANDUM

The district court did not err in denying Keller’s motion for acquittal.

I.

Viewing the evidence in the light most favorable to the prosecution, there was sufficient evidence for a rational fact finder to conclude beyond a reasonable doubt that Keller was the third inmate involved in the attack. See United States v. Grasso, 724 F.3d 1077, 1085 (9th Cir.2013); United States v. Nevils, 598 F.3d 1158, 1163-65 (9th Cir.2010) (en banc). The witnesses’ descriptions of Keller immediately after the incident generally matched the third inmate shown on the surveillance footage. The khaki shirt found in Keller’s cell contained DNA exactly matching Officer Johnson’s DNA. Surveillance footage and witness testimony showed the third inmate arrive from and retreat to the direction of Keller’s cell. Lastly, witnesses agree that Keller was sweaty and non-responsive when approached in his cell soon after the altercation.

II.

Viewing the evidence in the light most favorable to the prosecution, there is sufficient evidence for a rational fact finder to conclude beyond a reasonable doubt that Keller assaulted a federal officer and inflicted bodily injury. See 18 U.S.C. §§ 2 , 111;…