United States v. Kevin Carlton Corbin

Kevin Corbin appeals from his conviction and sentence, imposed following a jury trial, for armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). Corbin contends that the district court erred by (1) denying his motion for acquittal, because the government failed to introduce sufficient evidence to establish the victim bank’s federally insured status, and (2) enhancing his base offense level under the United States Sentencing Guidelines for causing serious bodily injury to a victim. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I. Denial of Motion for Acquittal

We will uphold the district court’s denial of a motion for acquittal under Fed. R.Crim.P. 29 if, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the accused guilty beyond a reasonable doubt of each element of the crime charged. United States v. Brannan, 898 F.2d 107, 109 (9th Cir.), cert. denied, — U.S. -, 111 S.Ct. 100 , 112 L.Ed.2d 71 (1990).

Before a defendant may be convicted of bank robbery in violation of the federal statute, the government must prove the federally insured status of the victim financial institution. United States v.…