Kiles

United States v. Kiles

Good Law
81 F. App'x 244
United States Court of Appeals for the Ninth CircuitNovember 17, 2003Nos. 02-10477, 02-10478California735 words

Opinion

Lead Opinion

MEMORANDUM *

Co-defendants Charles Kiles (“Kiles”) and Kevin Patterson (“Patterson”) appeal their convictions on two conspiracy charges in connection with their alleged plot to blow up two large propane storage tanks near Sacramento, California. We affirm their convictions.

Patterson contends there was insufficient evidence to support the conspiracy convictions. Because he did not make a Rule 29 motion at any point during his trial, this claim is reviewed only to prevent manifest injustice. United States v. Smith, 924 F.2d 889, 893-94 (9th Cir.1991). Drawing all inferences in favor of the prosecution, including those pertaining to the credibility of witnesses, United States v. Johnson, 229 F.3d 891, 894 (9th Cir.2000), there was sufficient evidence to sustain the convictions. Numerous witnesses testified to either overhearing or participating in conversations in which Patterson and Kiles discussed a plan to blow up the tanks, including discussions about the type of charge needed to rupture the tank and the need for a second device to ignite the leaking gas. Moreover, bomb-making materials were found at Patterson’s home, including detonators and what he himself described as…

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