United States v. Frank v. Okiyama

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank V. OKIYAMA, Defendant-Appellant. No. 93-10494. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 31, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Frank V. Okiyama appeals his conviction following a jury trial, and his 327-month sentence for possession with intent to distribute methamphetamine and distribution of methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). Okiyama contends that the district court (1) erred by denying his motion for acquittal because there was insufficient evidence to sustain his conviction, and (2) engaged in impermissible double counting at sentencing. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Sufficiency of the Evidence 4 There is sufficient evidence to support a conviction if, "a reasonable jury, after viewing the evidence in…