United States v. John Chia

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John CHIA, Defendant-Appellant. No. 94-30241. United States Court of Appeals, Ninth Circuit. Submitted Aug. 9, 1995. * Decided Aug. 23, 1995. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Chia's argument on appeal is that the evidence was insufficient, because no rational trier of fact could have believed the INS agent's testimony that she remembered Chia, out of the hundreds of applicants she sees. We disagree. She was asked how she could remember Chia out of all the people she saw. She testified that she especially remembered Chia, because "he was dressed very nicely" compared with most of the people she sees, and "I also thought that he was cute--I thought he was attractive." 3 Q. Do you remember seeing the defendant at the ceremony? 4 A. Yes, I do. 5 Q. Why is it that you can remember the defendant from that ceremony? 6 A. The reason…