McClain

United States v. McClain

Good Law
163 F. App'x 465
United States Court of Appeals for the Ninth CircuitDecember 22, 2005No. 04-30542California794 words

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.

The gun and the narcotics underlying McClain’s convictions…

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