United States v. Brian Martin McDougal

Good Law
995 F.2d 234·1993 WL 186668·1993 U.S. App. LEXIS 21486
United States Court of Appeals for the Ninth CircuitJune 1, 199389-50348California1,246 words

Opinion

Opinion

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian Martin McDOUGAL, Defendant-Appellant. No. 89-50348. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Brian Martin McDougal appeals his conviction, which followed a jury trial, for thirteen counts of possessing stolen mail in violation of 18 U.S.C. § 1708 . McDougal claims, first, that the evidence was insufficient to support his conviction and, second, that the jury instructions misstated the law and were inadequate. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. A. Sufficiency 3 McDougal claims the government failed to prove that he knowingly possessed stolen mail. Evidence is sufficient to support a conviction if, "viewing the evidence in the light most favorable to the government, a rational trier of fact could have…

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