Sharpe

United States v. Sharpe

Good Law
130 F. App'x 164
United States Court of Appeals for the Ninth CircuitMay 4, 2005Nso. 03-30488, 03-30490; D.C. No. CR-03-00034-a-JMF, CR-03-00035-a-JMFCalifornia743 words

Opinion

Lead Opinion

MEMORANDUM *

Aaron Sharpe appeals his jury conviction because he claims that insufficient evidence supports his convictions for possessing a firearm during a drug trafficking crime and being a felon in possession of a firearm. He also disputes the district court’s supplemental jury instruction defining possession. Finally, Sharpe appeals his sentence under the Armed Career Criminal Act. He contends that we should vacate his sentence and remand because (1) the government failed to establish on the record that his prior burglary convictions qualify as violent felonies and (2) Booker requires resentencing. We affirm.

I. SUFFICIENCY OF THE EVIDENCE

The jury’s verdicts are supported by sufficient evidence under the Jackson standard of review. When reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the prosecution and determine whether any rational jury could have found Sharpe guilty beyond a reasonable doubt. See United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002) (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

Sharpe disputes the sufficiency of the evidence only with respect to the…

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