Nevils

United States v. Nevils

Bad Law
598 F.3d 1158·2010 WL 986790·2010 U.S. App. LEXIS 5696
United States Court of Appeals for the Ninth CircuitMarch 19, 201006-50485California6,044 words

Opinion

Opinion

Ikuta, J.

Earl Anthony Nevils appeals from his conviction for being a felon in possession of firearms and ammunition in violation of 18 U.S.C. § 922 (g)(1). Nevils argues that the evidence presented at trial is constitutionally insufficient to support his conviction because it is susceptible to an innocent explanation. Contrary to Nevils’s argument that we should construe the evidence in the light most favorable to innocence, we are obliged to construe the evidence “in the light most favorable to the prosecution,” and only then determine whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Here, viewing the evidence as required by Jackson , we hold there was sufficient evidence to permit a rational juror to conclude beyond a reasonable doubt that Nevils knowingly possessed firearms and ammunition. We therefore affirm.

I

Late in the evening of April 14, 2003, three officers of the Los Angeles Police Department’s Special Enforcement Unit were on patrol in a high-crime area of south Los Angeles. Driving past an apartment building known for criminal…

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