United States v. Richard O. Reb'll

Richard O. Reb’ll was convicted by a jury of embezzling more than $100 from the United States in violation of 18 U.S.C. § 641 (1982). He appeals to this court, asserting that (1) his motion for a judgment of acquittal was improperly denied; (2) there was insufficient evidence to support a finding of a property loss required by section 641; and (3) it was plain error to admit into evidence certain videotapes. We have jurisdiction, 28 U.S.C. § 1291 (1982), and affirm.

I

Reb’ll was employed as a bartender at the Wheeler Air Force Base Noncommis-sioned Officer’s Club in Hawaii. He was accused of embezzling more than $100 from the club during the period of his employment.

At the close of the government’s case, Reb’ll moved for acquittal under Fed.R. Crim.P. 29(a) on the ground that insufficient evidence of his identification as the perpetrator of the crime had been produced. The District Court denied the motion.

We review the trial court’s ruling on a motion for judgment of acquittal to determine whether, viewing the evidence in the light most favorable to the government, there was sufficient evidence for a reasonable jury to find each element of the crime beyond a…