Giorgies

*474 MEMORANDUM **

Defendant Solomon Giorgies participated in a scheme whereby out-of-state checks in amounts less than $5,000 were deposited in Nevada bank accounts and, pursuant to a regulation requiring the release of such funds within forty eight hours of deposit, the money was withdrawn from the accounts before the checks had cleared. Defendant was convicted of bank fraud under 18 U.S.C. § 1344 . He raises several issues on appeal, all of which lack merit. Therefore, we affirm the district court.

I. Rule 29 Motion

We review de novo the trial court’s ruling on a Rule 29 motion for acquittal. United States v. Tubiolo, 134 F.3d 989, 991 (9th Cir.1998). In doing so, we must view the evidence in the light most favorable to the government. United States v. Bahena-Cardenas, 70 F.3d 1071, 1072-73 (9th Cir.1995). Viewing the evidence in that light, the district court properly concluded that the release of funds required under the banking regulation provided the opportunity for the scheme, but was not an essential element of the crime. Thus, the district court did not err in denying defendant’s Rule 29 motion for acquittal based on his claims that (1) the banking regulation…