United States v. Tramond Davis

MEMORANDUM

Tramond Davis appeals from his district court conviction of conspiracy to commit wire and bank fraud. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

I.

Davis and the government agree that an international conspiracy existed to commit bank and wire fraud by “phishing” for unsuspecting persons’ bank account information and then using that information to transfer money from the victims’ accounts to “drop” accounts set up at the behest of the conspirators. After the transfer, the victims’ funds were then quickly withdrawn from the “drop” accounts. Although the government presented ample evidence to demonstrate that Davis set up a “drop” account, the government did not prove beyond a reasonable doubt that Davis “embraced the common purpose of the overall conspiracy.” United States v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984). Consequently, there was insufficient evidence to support a conviction. See id.

II.

On appeal, we construe all of the evidence presented at trial in the prosecution’s favor, and only then decide whether any rational trier of fact could have found Davis guilty beyond a reasonable doubt. United States v. Nevils, 598 F.3d 1158, 1163-64…