United States v. Leonard Franklin Miller

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leonard Franklin MILLER, Defendant-Appellant. No. 92-30163. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Nov. 4, 1993. Before: WRIGHT, GOODWIN and HUG, Circuit Judges. 1 MEMORANDUM * 2 Leonard Frank Miller appeals his conviction following a jury trial for assault with a deadly weapon, with intent to do bodily harm, in violation of 18 U.S.C. §§ 1153 and 113(c). He contends that the evidence was insufficient to support his conviction. We affirm. 3 We review the sufficiency of evidence to determine "whether, viewing the evidence ... in the light most favorable to the government, a reasonable jury could conclude that the evidence establishes guilt beyond a reasonable doubt." United States v. Guilbert, 692 F.2d 1340, 1343 (9th Cir.1982). 4 Conviction under 18 U.S.C. § 113 (c) requires proof of (1) an assault;…