United States v. Suibin Zhang

MEMORANDUM

Suibin Zhang appeals from the district court’s judgment after a bench trial finding him guilty under 18 U.S.C. § 1832 of various forms of theft of Marvell Semiconductor’s trade secrets. Zhang raises three contentions on appeal: (1) He challenges the sufficiency of the evidence supporting the verdict; (2) he challenges an evidentia-ry ruling of the district court; and (3) he contends that his Sixth Amendment right to a public trial was violated.

We review the sufficiency of the evidence de novo, United States v. Chung, 659 F.3d 815, 823 (9th Cir.2011); evidentiary rulings for abuse of discretion and factual determinations underlying those rulings for clear error, United States v. Lukashov, 694 F.3d 1107, 1114 (9th Cir.2012); and Sixth Amendment public trial .claims de novo, United States v. Waters, 627 F.3d 345, 359 (9th Cir.2010). We affirm.

1. In assessing the sufficiency of the evidence, we “consider the evidence presented at trial in the light most favorable to the prosecution.” United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc). Then, we determine whether the “evidence, so viewed, is adequate to allow any rational trier of fact [to find] the…