White

United States v. White

Good Law
118 F. App'x 281
United States Court of Appeals for the Ninth CircuitDecember 21, 2004No. 03-30530; D.C. No. CR03-00007-DWMCalifornia482 words

Opinion

Lead Opinion

MEMORANDUM *

Shane White appeals his conviction following a jury trial for possession of a sawed-off shotgun in violation of 26 U.S.C. §§ 5841 , 5861(d), and 5871. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

White contends that the district court erred in denying his motion for acquittal under Federal Rule of Civil Procedure 29 because there was insufficient evidence to prove that he knew his shotgun was unlawfully short. We must affirm the district court’s denial of White’s motion for acquittal if, “viewing the evidence in the light most favorable to the government, any rational trier of fact could have found [defendant] guilty beyond a reasonable doubt.” United States v. Corral-Gastelum, 240 F.3d 1181, 1183 (9th Cir.2001). The government presented the jury with evidence that the barrel of the gun was less than 18 inches long and that White had sawed off the barrel of the shotgun himself and handled it in a robbery. We conclude that, based on this evidence, a reasonable trier of fact could have found beyond a reasonable doubt that White knew the barrel of the shotgun was unlawfully short. See 26 U.S.C. § 5845 (a)(2); United States v. Gergen, 172 F.3d 719,…

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