Clarke

United States v. Clarke

Good Law
81 F. App'x 983
United States Court of Appeals for the Ninth CircuitDecember 2, 2003No. 02-10610; D.C. No. CR 01-00300-2-DAECalifornia858 words

Opinion

Lead Opinion

*985 MEMORANDUM *

Defendant Sandra Clarke appeals her conviction of two counts of embezzlement and one count of criminal conspiracy. She contends that there was insufficient evidence to support her conviction and that she was sentenced separately for crimes that should have been grouped together. We AFFIRM.

I. SUFFICIENCY OF THE EVIDENCE

A conviction is based on sufficient evidence if the record shows that “a reasonable jury, after viewing the evidence in the light most favorable to the government, could have found the defendants guilty beyond a reasonable doubt of each essential element of the crime charged.” United States v. Mares, 940 F.2d 455, 458 (9th Cir.1991) (internal quotation marks and citation omitted). There is plainly enough evidence in the record to support convictions on all three counts.

The jury convicted Clarke of conspiring with Faith Tanner to embezzle, and of actually embezzling, nearly $50,000 of a $99,914 grant from the United States Department of Housing and Urban Development’s (HUD) Tenant Opportunity Program (TOP) to the Waimanalo Housing Resident Association (WHRA), an association of residents of the Waimanalo Homes public housing project. The grant…

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