Devine

MEMORANDUM **

William Devine (“Devine”) appeals his sentence and conviction. Devine was convicted of one count of sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 , 2243(a) and sentenced to 48 months im *250 prisonment. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

There is sufficient evidence to support Devine’s jury-trial 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 offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000).

The elements of the offense of sexual abuse of a minor within Indian country are that: (1) the defendant is an Indian; (2) the offense occurred on an Indian Reservation; (3) the defendant knowingly engaged in a sexual act with another person; (4) the other person is between the ages of 12 and 16; and (5) the other person is four or more years younger than the defendant. 18 U.S.C. §§ 1153 , 2243(a).

The only element of the crime that Devine contests on appeal is whether he knowingly engaged in a sexual act…