Brown

United States v. Brown

Good Law
172 F. App'x 206
United States Court of Appeals for the Ninth CircuitMarch 23, 2006No. 04-10126California530 words

Opinion

Lead Opinion

MEMORANDUM *

Cy Irving Brown appeals his conviction and 234-month sentence for one count of armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d) and one count of using a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c)(1).

Brown argues that the evidence was insufficient to support his conviction, but there is more than sufficient evidence in the record from which a rational juror could conclude beyond a reasonable doubt that Brown committed the robbery. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Cordova Barajas, 360 F.3d 1037, 1041-42 (9th Cir.2004). The evidence showed that shortly before the robbery, Brown borrowed the truck that was used as a getaway vehicle, his DNA matched the DNA on cloths used by the robber, he owned a pair of boots like those discovered with the robbery items, he fit the gen *208 eral physical description of the robber, and after the robbery he left town and began using false names. See United States v. Yoshida, 303 F.3d 1145, 1151 (9th Cir.2002) (“[C]ireumstantial evidence can form a sufficient basis for conviction.”). Moreover, the jury could rationally have…

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