United States v. Jennifer Byers

MEMORANDUM

Co-defendants Jennifer Byers and Jesi-ca McMullin were each convicted of seven counts of mail fraud in violation of 18 U.S.C. § 1341 and a single count of financial aid fraud in violation of 20 U.S.C. § 1097 (a). On appeal, Byers and McMul-lin argue that the district court erred in denying their motions for judgment of acquittal because there was insufficient evidence to convict them. See Fed.R.Crim.P. 29. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Insufficiency of the evidence claims are reviewed de novo. See United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). However, because Byers and McMullin failed to renew their motions for acquittal at the close of the evidence, we review for plain error or to prevent a manifest miscarriage of justice. See United States v. Alvarez-Valenzuela, 281 F.3d 1198, 1200-01 (9th Cir.2000). There is sufficient evidence to support a conviction if, “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.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560…