McClain
United States v. McClain
Opinion
Lead Opinion
MEMORANDUM ***
Willie R. McClain appeals the district court’s judgment on a jury verdict finding him guilty of knowingly and unlawfully possessing with the intent to distribute 50 grams or more of a substance containing a detectable amount of cocaine base, and of knowingly and intentionally possessing a firearm in furtherance of a drug trafficking crime. We have jurisdiction pursuant to 28 U.S.C. § 1291 .
McClain argues that the evidence presented by the government at trial is insufficient to support his convictions; that McClain’s trial counsel failed to provide reasonably effective assistance, depriving McClain of his right to counsel protected by the Sixth Amendment; and, that the *467 trial court made improper comments about the evidence.
Because McClain did not move for a judgment of acquittal pursuant to Fed. R.Crim.P. 29(a) at trial, we review McClain’s challenge to the sufficiency of the evidence underlying his convictions for plain error. 2 See United States v. GarciaGuizar, 160 F.3d 511, 517 (9th Cir.1998). We conclude that there was no error because there was sufficient evidence supporting the convictions.