Schneider

ORDER

Judges Lay and Wallace have voted to grant the petition for rehearing; Judge Tallman has voted to deny the petition for rehearing. Judge Tallman has voted to deny the petition for rehearing en banc, and Judges Lay and Wallace would so recommend.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing is GRANTED. The petition for rehearing en banc is DENIED. The Memorandum disposition filed on May 29, 2003, is hereby withdrawn. A new Memorandum disposition will be filed simultaneously with this Order.

MEMORANDUM ***

Paul Schneider appeals his conviction for committing theft of government property, 18 U.S.C. § 641 , and Social Security fraud, 42 U.S.C. § 408 . Schneider argues that there was insufficient evidence to support the jury’s finding of guilt and that the district court erred by denying his motion for acquittal. When a defendant challenges the sufficiency of the evidence, we ask whether no rational trier of fact could have found the defendant guilty beyond a reasonable doubt, viewing the evidence in the light most favorable…