United States v. Antonio Gutierrez

facts.’” (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979))). Taking the

record in the light most favorable to the prosecution, these facts are more than

sufficient for a rational trier of fact to find beyond a reasonable doubt that

Gutierrez committed the robbery. See Loveland, 825 F.3d at 558–59 (“Evidence is

sufficient if, when viewed 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.” (internal quotations omitted) (quoting United States v. Webster,

623 F.3d 901, 907 (9th Cir. 2010)) (emphasis in original)).

2. Gutierrez also challenges the sufficiency of the evidence supporting

the “affecting commerce” requirement for his convictions. Ninth Circuit case law

is clear that this is a de minimis burden, which can be met by showing that the

affected business regularly engages in interstate commerce. United States v.

Rodriguez, 360 F.3d 949, 955 (9th Cir. 2004). There is no dispute that the affected

business engaged in interstate commerce. See United States v. Lynch, 437 F.3d

902, 909 (9th Cir. 2006) (“The interstate nexus requirement is satisfied ‘by…