Gamba

MEMORANDUM *

Justin Gamba appeals the district court’s decision declining to grant an acquittal on the Wadman count of witness tampering. The government cross-appeals the district court’s acquittal on the count of being an accessory after the fact and the court’s downward sentencing departure.

*210 A rational trier of fact could have found that Gamba violated the witness tampering statute. See United, States v. Edmonds, 103 F.3d 822, 824-25 (9th Cir. 1996) (explaining that “[t]here is sufficient evidence to support a conviction, if after reviewing the evidence in the light most favorable to the government, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt”). The statute does not require knowledge that the person being intimidated or threatened is a witness. See 18 U.S.C. § 1512 (b). It was reasonable to construe Gamba’s comments to Tiffany Wadman as an attempt to intimidate her into not testifying against Kathy Breland.

The district court did not err in acquitting Gamba of the accessory after the fact count. The evidence in the record is insufficient for a rational trier of fact to find that the government proved beyond a…