McClelland

United States v. McClelland

Good Law
55 F. App'x 822
United States Court of Appeals for the Ninth CircuitJanuary 24, 2003No. 01-30205; D.C. No. CR-00-00134-WFNCalifornia332 words

Opinion

Lead Opinion

MEMORANDUM *

Jennifer McClelland (“McClelland”) appeals, claiming her convictions on three counts of mail fraud and one count of using fire to commit mail fraud were not supported by sufficient evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Normally, sufficiency of the evidence claims are reviewed to determine whether, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Booth, 309 F.3d 566 , 574 n. 5 (9th Cir.2002) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (emphasis in original)). However, because McClelland did not move for acquittal, this court’s “standard of review looks to plain error or the prevention of a manifest miscarriage of justice.” United States v. Tim-mins, 301 F.3d 974, 983 (9th Cir.2002) (citation omitted).

McClelland argues her convictions were not supported by sufficient evidence because she could not have reasonably foreseen that her parents would hire a public adjuster to assist with submitting their insurance claim or that the insurance…

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