Andy

United States v. Andy

Good Law
24 F. App'x 838
United States Court of Appeals for the Ninth CircuitJanuary 14, 2002No. 00-30366; D.C. No. CR-99-00136-EJLCalifornia450 words

Opinion

Lead Opinion

MEMORANDUM **

Moses Jason Andy appeals his conviction by a jury trial for one count of aggravated sexual abuse committed in Indian Country, in violation of 18 U.S.C. §§ 1153 and 2241(c), and one count of sexual contact with a child committed in Indian Country, in violation of 18 U.S.C. §§ 1153 and 2244(a)(1). We affirm.

I

In considering a challenge to the sufficiency of the evidence to support a conviction, we review the evidence presented against the defendant in a light most favorable to the government to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Pacheco-Medina, 212 F.3d 1162, 1163 (9th Cir.2000). The evidence presented at trial could provide a reasonable juror with a sufficient basis to believe beyond a reasonable doubt that the acts of sexual abuse and sexual contact occurred and that Andy’s intoxication did not negate the required mental state. The fact that conflicting testimony was presented at trial does not alter our conclusion. The determination of witness credibility is committed to the sound discretion of the jury. United States v. Croft, 124 F.3d 1109, 1125 (9th…

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