United States v. Roy Smith

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roy SMITH, Defendant-Appellant. No. 95-10144. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1996. Decided March 13, 1996. 1 Before: HUG and FERNANDEZ, Circuit Judges, and KELLEHER, * District Judge. 2 MEMORANDUM ** 3 Roy Smith appeals his conviction for knowingly engaging in a sexual act with a minor in violation of 18 U.S.C. §§ 1153 & 2241(c). I. 4 Smith contends that the 10-year-old victim and her 11-year-old cousin recanted their testimony concerning the sexual assault, and that a judgment of acquittal should have been entered. A judgment of acquittal is appropriate only if after viewing the evidence in the light most favorable to the Government, no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Zuno Arce, 44 F.3d 1420, 1424 (9th Cir.1995). 5 In…