Caballero

MEMORANDUM *

Alex Caballero (“Caballero”) appeals his conviction and sentence for use of software to obtain telecommunications service without authorization, possession of fifteen or more unauthorized access devices with intent to defraud, and felon in possession of a firearm and ammunition. We affirm, and grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

The evidence was sufficient to convict Caballero on all counts because “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[s] beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (emphasis in original). On the telecommunications counts, the government presented a plethora of evidence: in addition to Caballero’s admission to involvement in cell phone activations, the evidence showed that Caballero repeatedly accessed a system that can be used to activate cell phones, possessed numerous customer account documents not in his name, handwrote a script to solicit a password from an MCI employee, and possessed at least sixty-nine cell…