United States v. Dale Roundstone

MEMORANDUM

Dale Roundstone appeals from his conviction of kidnaping in violation of 18 U.S.C. § 1201 (a)(2). He contends that the prosecution failed to present sufficient evidence upon which a jury could find beyond a reasonable doubt that his alleged victim was held against her will. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

An appellate court “review[s] de novo the denial of [a] Rule 29 motion for acquittal, but the test to be applied is the same as for a challenge to the sufficiency of the evidence.” United States v. Tisor, 96 F.3d 370, 379 (9th Cir.1996) (second alteration in original) (emphasis added) (quotation marks and citation omitted). “Sufficiency of evidence is satisfied if ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” Id. (emphasis in original) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). When a reviewing court cannot conclude that a witness’ testimony was “physically impossible and simply could not have occurred as described,” the reviewing court must “conclude that a…