United States v. Monika Antoinette-Bates

Good Law
359 F. App'x 845·359 F. App’x 845·359 Fed. Appx. 845·2009 WL 5103122·2009 U.S. App. LEXIS 27964
United States Court of Appeals for the Ninth CircuitDecember 21, 200909-30037California584 words

Opinion

Opinion

MEMORANDUM

Monika Antoinette-Bates appeals the denial of her motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“A trial court’s denial of a motion for acquittal under Federal Rule of Criminal Procedure 29 is reviewed de novo.” United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004). To determine whether there was sufficient evidence to support the conviction, the court must “review the evidence presented against the defendant in the light most favorable to the government to determine whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” United States v. Pacheco-Medina, 212 F.3d 1162, 1163 (9th Cir.2000) (citing United States v. Neill, 166 F.3d 943, 948 (9th Cir.1999), cert. denied, 526 U.S. 1153 , 119 S.Ct. 2037 , 143 L.Ed.2d 1046 (1999)).

“Concealment, for the purposes of 18 U.S.C. § 152 , need not consist of secretly appropriating funds for one’s own use. It is sufficient if one withholds knowledge of assets about which the trustee should be told.” United States v. Weinstein, 834 F.2d 1454, 1462 (9th Cir.1987). The…

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