Bauska

MEMORANDUM **

Larry Duane Bauska seeks reversal of his conviction on one count of mail fraud, in violation of 18 U.S.C. § 1341 , and two counts of making false statements to obtain federal employees’ compensation, in violation of 18 U.S.C. § 1920 .

Bauska challenges the mail fraud count by arguing there was insufficient evidence he utilized the mails. Barbara McDonald, an employee of the Office of Worker’s Compensation Programs, testified the only way Bauska’s Form CA-1082 could have reached the Kentucky processing center was by mail. Bauska’s claim must be rejected because, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found beyond a reasonable doubt that Bauska utilized the mails. See United States v. Bishop, 959 F.2d 820, 829 (9th Cir.1992).

Bauska’s challenges to the false statement counts are also unavailing. The government introduced sufficient evidence, ranging from the fliers on which Bauska advertised breeding for a fee to an under *42 cover agent’s testimony about negotiating a breeding for cash with Bauska, to persuade a rational fact-finder. Sufficient evidence supported his involvement in the type of…