United States v. Michael Dwayne Payne

99 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael Dwayne PAYNE, Defendant-Appellant. No. 95-10496. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1996. Decided Oct. 08, 1996. 1 Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge. * 2 MEMORANDUM ** 3 Michael Dwayne Payne appeals his conviction for being a felon in possession of a firearm. Payne argues that (1) there was insufficient evidence to support his conviction; (2) hearsay testimony was improperly offered by the prosecution; and (3) a new trial should have been granted based on newly discovered evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. 4 * The government presented sufficient evidence to establish constructive possession. We review for plain error. United States v. Oliver, 60 F.3d 547, 551 (9th Cir.1995). Payne failed to renew the motion for judgment of acquittal…