United States v. Xi Chaidez

MEMORANDUM

Xi Chaidez appeals her conviction on one count of Impairment of In Rem Jurisdiction in violation of 18 U.S.C. § 2232 (b) and one count of Conspiracy to Impair In Rem Jurisdiction in violation of 18 U.S.C. § 371 . We affirm.

First, we hold that Chaidez cannot challenge the sufficiency of the evidence underlying her convictions. Chaidez waived her right to seek appellate review of the sufficiency of the evidence by failing to move for a judgment of acquittal before her case was submitted to the jury. United States v. Tisor, 96 F.3d 370, 379 (9th Cir.1996).

Next, we reject Chaidez’ argument that the Government committed prosecutorial misconduct by stating during its closing argument that Chaidez stipulated to an element of the charged offenses. “We review claims of prosecutorial misconduct for plain error when the defendant fails to object at trial. We find plain error only when there is: 1) error; 2) that was clear or obvious; 3) that affected substantial rights; and 4) that seriously affected the fairness, integrity, or public reputation of the judicial proceedings.” United States v. Washington, 462 F.3d 1124, 1136 (9th Cir.2006) (internal citations…