Roberts

MEMORANDUM ***

Dr. Mark Anthony Roberts appeals his conviction on several counts of wire fraud, in violation of 18 U.S.C. § 1343 , and making false statements, in violation of 18 U.S.C. § 1001 , as well as his sentence. We affirm his conviction, but we vacate his sentence and the district court’s restitution order and remand for resentencing and for reconsideration of the restitution calculation.

I

With respect to Roberts’ first claim, we are satisfied that there was enough evidence to support the jury verdict below. Under the authorities of this circuit, we must consider merely “whether, after 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.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); see also United States v. Booth, 309 F.3d 566 , 574 n. 5 (9th Cir.2002). That is, we must determine “whether the jury could reasonably arrive at its verdict.” United States v. Mares, 940 F.2d 455, 458 (9th Cir.1991).

Ordinarily we make such a determination de novo. United States v. Cordova Barajas, 360 F.3d 1037, 1040 (9th *28…