United States v. Takes The Knife

MEMORANDUM **

Tyrone Takes the Kmfe (“Takes the Knife”) appeals his conviction for witness tampering and the district court’s refusal to depart downward from the recommended sentencing range. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and we affirm.

A grand jury returned a twenty-six count supersedmg mdictment chargmg Tyrone Takes the Knife (“Takes the Knife”) with two counts of aggravated sexual abuse under 18 U.S.C. § 2241 (a) and twenty-four counts of witness tampering under 18 U.S.C. § 1512 (b). At the close of the government’s case-in-chief, Takes the Knife moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29. Takes the Knife failed to renew this motion at the close of trial. The jury convicted Takes the Knife of one count of witness tampering. He was sentenced to 63 months.

Conviction for Witness Tampering

“This court may review an unrenewed motion for judgment of acquittal, but oMy to prevent a manifest miscarriage of justice, or for plam error.” United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200-01 (9th Cir.2000). Even where a defendant makes all the proper motions at trial, “we must affirm if any rational trier of…