Azure

United States v. Azure

Good Law
34 F. App'x 292
United States Court of Appeals for the Ninth CircuitMarch 11, 2002No. 01-30206; D.C. No. CR-00-00051-RHWCalifornia631 words

Opinion

Lead Opinion

MEMORANDUM ***

Craig Azure, Sr. appeals from the judgment entered following his conviction by a jury of assault with a dangerous weapon in violation of 18 U.S.C. §§ 1153 and 113(a)(3). He contends that the district court erred in denying his motion for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. He argues that the evidence produced by the Government was insufficient as a matter of law to demonstrate that he had the specific intent to inflict bodily harm upon the victim, Dennis Welch, Sr. Azure also seeks reversal on the ground that the Government failed to present sufficient evidence that he did not act in self-defense or use more force than was reasonably necessary under the circumstances. We affirm because we conclude that the evidence presented by the Government was sufficient to persuade a rational trier of fact that Azure intentionally struck Welch with a dangerous weapon to do bodily harm, that Azure did not act in self-defense, and that Azure used more force than was reasonably necessary.

I

In determining whether the evidence to support a conviction is legally sufficient, the relevant question is whether, after viewing the…

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