Kellum

MEMORANDUM *

On August 16, 2001, Dwayne Kellum was indicted on nine counts arising out of his alleged cashing and attempted cashing of forged and counterfeit checks through a Fidelity Investments (“Fidelity”) brokerage account (the “Fidelity account”). After trial in the United States District Court for the Central District of California, Kellum was convicted of mail fraud, possession and uttering of forged and counterfeit securities, and concealment money laundering. On appeal, Kellum asserts that the government failed to adduce legally sufficient evidence to convict him of any of the charges he faced. Kellum further maintains that the indictment count charging him with possession and uttering of forged and counterfeit securities was fatally defective in that it failed to allege an essential element of the offense. Lastly, Kellum claims that the district court committed error at sentencing in the calculation of his criminal history score.

We review de novo Kellum’s claims that his criminal convictions are unsupported by sufficient evidence. United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). “There is sufficient evidence to support a conviction if, ‘after viewing the…