United States v. Karl Gerwer

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Karl GERWER, Defendant-Appellant. No. 92-50423. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1993. Decided April 20, 1993. As Amended on Denial of Rehearing and Rehearing En Banc Aug. 5, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Karl Gerwer was convicted of two counts of submitting false statements to financial institutions and one count of bankruptcy fraud. He appeals on the grounds that the evidence was insufficient to convict him on the two false statement counts and that the court abused its discretion by denying his motion for a new trial on all three counts. 3 We review whether the evidence was sufficient to sustain a conviction by asking "whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of…