O'Brien

United States v. O'Brien

Good Law
27 F. App'x 882
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 00-50744; D.C. No. CR-99-01208-DMTCalifornia1,046 words

Opinion

Lead Opinion

MEMORANDUM *

O’Brien appeals from the judgment entered by the district court following his conviction by a jury of violations of 18 U.S.C. §§ 2422 (b) and 2252A(a)(2)(B): use of the mail or facility of interstate commerce to attempt to induce a minor to engage in illegal sexual activity and of distribution of child pornography, respectively. The district court had jurisdiction under 18 U.S.C. § 3231 and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

The standard of review for determining whether evidence is sufficient to support a criminal conviction is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). “Where ... the entrapment defense is submitted to the jury, an appellate court should not disturb the jury’s finding unless, viewing the evidence in the light most favorable to the government, no reasonable jury could have concluded that the government had disproved either of the elements of the entrapment defense.” United…

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