Enny

United States v. Enny

Good Law
34 F. App'x 527
United States Court of Appeals for the Ninth CircuitMarch 11, 2002No. 01-50056; D.C. No. CR-99-00698-SVWCalifornia861 words

Opinion

Lead Opinion

MEMORANDUM **

Elly Enny appeals his jury trial conviction and sentence for wire fraud and money laundering in violation of 18 U.S.C. §§ 1343 and 1957(a), stemming from a 1999 transaction in which Enny used false shipping documents to negotiate a letter of credit and obtain payment for goods which never were shipped.

Enny argues the verdict is not supported by the evidence. Where a defendant fails to move for acquittal, claims of insufficient evidence are reviewed for plain error. United States v. Morgan, 238 F.3d 1180, 1186 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 146 , 151 L.Ed.2d 97 (2001). There is sufficient evidence to support a conviction if, 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. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Crawford, 239 F.3d 1086, 1092 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 393 , 151 L.Ed.2d 298 (2001). The jury heard evidence that in 1997 Enny had engaged in a nearly identical transaction with his co-defendant; there, he presented false shipping…

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