Ferreira

United States v. Ferreira

Good Law
105 F. App'x 198
United States Court of Appeals for the Ninth CircuitJuly 9, 2004No. 02-50190California425 words

Opinion

Lead Opinion

MEMORANDUM *

Javier Ferreira appeals his conviction and sentence under 18 U.S.C. §§ 242 and 2(b) for willfully depriving inmate Arrow Stowers of his constitutional right to be free from excessive force under color of law, and under 18 U.S.C. § 1001 for making false statements to FBI officers. The *199 sole issue is whether there was sufficient evidence to find that Ferreira specifically intended for inmate David Gill to inflict unreasonable force upon Stowers. We believe that there was, and affirm.

“There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Duran, 189 F.3d 1071, 1078 (9th Cir.1999) (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). Here, the evidence shows that Stowers was being loud but otherwise posed no threat. Ferreira asked Gill to go into Stowers’s cell to quiet him down, told Gill that the cameras were off, yelled for the cameras to be turned off, repeated the point when Gill reported that Stowers would not be quiet, and stood by…

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