United States v. Moses Onciu

MEMORANDUM

Moses Onciu appeals Ms convictions for conspiracy to commit wire fraud, substantive wire fraud, and aiding and abetting in connection with fraudulent high-yield investment schemes. Having jurisdiction under 28 U.S.C. § 1291 , we reject his arguments and affirm.

Onciu challenges the sufficiency of the evidence introduced at trial to support his convictions. He contends the district court should have granted his motion under Fed.R.Crim.P. 29. We review claims of insufficient evidence de novo. United States v. Shipsey, 368 F.3d 962 , 971 n. 8 (9th Cir.2004). We review a denial of a motion for a judgment of acquittal under the same standard as a challenge to the sufficiency of the evidence. United States v. Tucker, 133 F.3d 1208, 1214 (9th Cir.1998). Thus, we consider whether, “viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (citation omitted). Reviewing the evidence presented at trial, we hold that the evidence is sufficient to sustain Onciu’s convictions.

Onciu contends there was a prejudicial variance from the indictment because the…