United States v. Ricky Hitsman

MEMORANDUM

Ricky David- Hitsman was convicted of five violations of 18 U.S.C. § 2320 (a) for trafficking in counterfeit Viagra. He appeals his conviction on five grounds: (1) the evidence against him was constitutionally insufficient; (2) his prior recorded statements were improperly excluded as hearsay; (3) a photograph comparing real and fake Viagra pills was improperly admitted; (4) the government unconstitutionally exercised a peremptory strike to excuse a black juror; and (5) a government witness improperly testified Hitsman had invoked his right to counsel.

I. Sufficiency of Evidence

Appellant challenges the sufficiency of the evidence showing that Hitsman sold counterfeit pills and knew those pills were counterfeit. Evidence is constitutionally sufficient if, viewed 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. United States v. Nevils, 598 F.3d 1158, 1163-65 (9th Cir.2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)) (emphasis in original).

First, although the government presented relatively weak evidence to…