Park

United States v. Park

Good Law
164 F. App'x 584
United States Court of Appeals for the Ninth CircuitJanuary 20, 2006No. 04-10692California742 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Ok Park (“Park”), the former owner of the Yumea Gift Shop in Guam, challenges her conviction for conspiring to traffic in counterfeit merchandise, arguing that the government failed to present sufficient evidence to prove all the required elements of the crime. To sustain a federal conspiracy conviction, the government must prove: “ ‘(1) an agreement to accomplish an illegal objective, (2) coupled with one or more acts in furtherance of the *585 illegal purpose, and (3) the requisite intent necessary to commit the underlying substantive offense.’ ” United States v. Chong, 419 F.3d 1076, 1079 (9th Cir.2005) (quoting United States v. Pemberton, 853 F.2d 730, 733 (9th Cir.1988)). Park argues that there was insufficient evidence to support the first and third elements. In a criminal prosecution, “[t]here is sufficient evidence to support a conviction if, 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.” See United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004) (quotation marks and citation omitted); United States v. Naghani,…

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