United States v. Rocky Halsey, True Name: Rock Halsey

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rocky HALSEY, True Name: Rock Halsey, Defendant-Appellant. No. 95-50175. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1996. Decided April 8, 1996. Order Denying Rehearing and Suggestion for Rehearing En Banc May 23, 1996. Before: PREGERSON and T.G. NELSON, Circuit Judges, and LYNCH, * District Judge. MEMORANDUM ** A. Sufficiency of the Evidence 1. Standard of Review "In reviewing the sufficiency of the evidence, we set aside the jury's verdict only if, viewing all the evidence in the light most favorable to the government, we determine that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Martinez, 967 F.2d 1343, 1345 (9th Cir.1992). 2. "Using or Carrying" a Firearm A conviction for "use" of a firearm under " § 924(c)(1) requires evidence sufficient to…