White

United States v. White

Good Law
175 F. App'x 941
United States Court of Appeals for the Ninth CircuitApril 14, 2006No. 04-10368California316 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant challenges his criminal conviction of dealing firearms without a license, a violation of 18 U.S.C. § 922 (a)(1)(A). Appellant alleges that there was insufficient evidence to sustain a conviction. We review an insufficiency of the evidence claim for plain error. United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1201 (9th Cir. 2000).

“A challenge to the sufficiency of the evidence requires this court to determine if ‘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 beyond a reasonable doubt.’ ” United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

Section 922(a)(1) of title 18 U.S.C. provides, in pertinent part, that it is unlawful *942 “for any person, except a ... licensed dealer, to engage in the business of ... dealing in firearms.” Section 921(a)(11) explains that a “dealer” is “any person engaged in the business of selling firearms ... at wholesale or retail.” Viewing the evidence in light most favorable to the prosecution, a rational trier of…

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