Felder

MEMORANDUM **

Catherine Felder appeals her convictions for making false statements to a government agency in violation of 18 U.S.C. § 1101 and theft of government property in violation of 18 U.S.C. § 641 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm the convictions under § 1101 and reverse the conviction under § 641.

Felder argues that the government presented insufficient evidence to prove the element of materiality, 8 U.S.C. § 1101 . Preliminarily, we reject the government’s contention that Felder’s verbal Rule 29 motions at trial failed to preserve this issue for review. See United States v. Tisor, 96 F.3d 370, 380 (9th Cir.1996) (oral Rule 29 motion at trial properly preserves issue for review).

A rational trier of fact could have found that Felder’s false statements were “capable of affecting or influencing a governmental decision.” United States v. Matsumaru, 244 F.3d 1092, 1101 (9th Cir.2001); see also United States v. Facchini, 874 F.2d 638, 643 (9th Cir.1989) (“[T]he statement must be capable of having some non-trivial effect on a federal agency.”). Here, the evidence “viewed in the light most favorable to the prosecution,” Jackson v. Virginia, 443 U.S.…