Norby

MEMORANDUM **

Following his conviction of twenty-four counts of mail fraud, 18 U.S.C. § 1341 , and aiding and abetting mail fraud, 18 U.S.C. § 2 , Scott Norby moved for a new trial under Rule 33 and judgment of acquittal under Rule 29. Norby now appeals the denial of his Rule 29 motion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Norby’s sole contention on appeal is that the government failed to prove the materiality of his misrepresentations because it did not introduce the insurance policies governing payment of bills he presented. We disagree.

We review the denial of a Rule 29 motion de novo. United-States v. Pacheco-Medina, 212 F.3d 1162, 1163 (9th Cir. 2000). The test to be applied is the same as for a challenge to the sufficiency of the evidence. United States v. Stoddard, 150 F.3d 1140, 1144 (9th Cir.1998). If after viewing the evidence in the light most favorable to the government, any rational trier-of-fact could have found the essential elements of the crime beyond a reasonable doubt, the conviction must be affirmed. Pacheco-Medina, 212 F.3d at 1163 .

Materiality is an essential element of the crime of mail fraud. Neder v. United States, 527 U.S. 1,…