United States v. Donnie Bryant

MEMORANDUM

Donnie Bryant was convicted on several counts under the Violent Crimes in Aid of Racketeering Activity (“VICAR”) statute, 18 U.S.C. § 1959 (a), and for using a firearm during and in relation to a crime of violence under 18 U.S.C. § 924 (c). On appeal, Bryant argues: (1) that the evidence was insufficient to support his convictions under VICAR; and (2) that several of his VICAR and § 924(c) convictions were multiplicitous and violated the Double Jeopardy clause. We affirm in part, remand with instructions to vacate in part, and dismiss in part. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Bryant did not renew his Rule 29 motion for acquittal at the conclusion of all the evidence. Thus, the panel reviews the sufficiency of the evidence to support the VICAR convictions for “plain error.” United States v. Alarcon-Simi, 300 F.3d 1172, 1176 (9th Cir.2002). Under a plain error review, the panel reviews the evidence to determine whether there has been: (1) error, (2) that was plain, (3) that affected substantial rights, and (4) that seriously affected the fairness, integrity, or public reputation of the…