Graves

United States v. Graves

Good Law
22 F. App'x 860
United States Court of Appeals for the Ninth CircuitDecember 12, 2001No. 00-50224; D.C. No. CR-99-01050-WJR-1California456 words

Opinion

Lead Opinion

MEMORANDUM *

Graves was found guilty of one count of unauthorized use of an “access device” to obtain something of value in violation of 18 U.S.C. § 1029 (a)(2) and one count of attempted unauthorized use of an access device to obtain something of value in viola *861 tion of 18 U.S.C. § 1029 (b)(1). He appeals his conviction on three grounds.

First, we reject Graves’s argument that there was insufficient evidence to support his convictions. Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Deeb, 175 F.3d 1163, 1168 (9th Cir.1999). The government adduced sufficient evidence from which a reasonable juror could have inferred beyond a reasonable doubt that Graves personally used unauthorized credit cards to purchase airline tickets, which he subsequently sold for personal profit.

Second, Graves alleges that he was denied his right to a fair trial because the government failed to grant use immunity to the informant involved in the case. Again, we reject…

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