Gazda
United States v. Gazda
Opinion
Lead Opinion
MEMORANDUM *
John Leon Gazda appeals his jury conviction of one count of being a felon-in-possession of a firearm and one count of being a felon-in-possession of ammunition. The United States cross-appeals the district court’s order that the imposed fine be distributed to two private shelters in Montana rather than the Crime Victims Fund. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Gazda’s conviction and reverse and remand the fine distribution.
There was sufficient evidence to support the jury’s verdict. “Sufficient evidence supports a conviction if the evidence, viewed in the light most favorable to the prosecution, would allow any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt.” United States v. Crawford, 239 F.3d 1086, 1092 (9th Cir.2001). The United States introduced substantial circumstantial evidence tending to prove that Gazda continuously possessed the firearm on or about August 9-10, 2001. The United States also introduced evidence tending to disprove Gazda’s justification story. Viewing this evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential…