United States v. Edward Stamper

MEMORANDUM

Defendant-Appellant Edward Stamper appeals his jury conviction for sexual abuse in violation of 18 U.S.C. § 2242 (2)(B) and 18 U.S.C. § 1153 (a) (offense committed within Indian country). On appeal, Stamper contends that the district court erroneously denied his motions for a judgment of acquittal because there was insufficient evidence to support a finding that the victim was “physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act” as required by statute. See 18 U.S.C. § 2242 (2) (B).

We review de novo a district court’s denial of a motion for judgment of acquittal, asking whether, in the light most favorable to the prosecution, the evidence presented at trial was adequate to allow any rational trier of fact to find a defendant guilty of the appealed element of the crime beyond a reasonable doubt. United States v. Sutcliffe, 505 F.3d 944, 959 (9th Cir.2007); see also United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc) (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

Here, the government presented sufficient evidence to allow a rational jury to find…