United States v. Michael James Smith

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael James SMITH, Defendant-Appellant. No. 91-30115. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Michael Smith appeals from his conviction, following a jury trial, for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Smith contends that the district court erred by denying his motion for acquittal on one of the counts because the evidence was insufficient to prove that he used force or intimidation to obtain the money he took from the bank. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 There is sufficient evidence to support a conviction if, reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the…