Leung

MEMORANDUM ***

Jimmy Leung was charged and convicted by a jury of: 1) conspiracy in violation of 18 U.S.C. § 371 and 18 U.S.C. § 2 ; 2) possessing and uttering counterfeited securities, in violation of 18 U.S.C. § 513 (a) and 18 U.S.C. § 2 ; 3) fraudulent use and possession of a credit card, in violation of 18 U.S.C. § 1028 (a)(6)(7) and 18 U.S.C. § 2 ; and 4) bank fraud in violation of 18 U.S.C. § 1344 and 18 U.S.C. § 2 . Leung contends that these convictions must be overturned because there was insufficient evidence of aiding and abetting and because the jury instructions were inadequate. We affirm.

Sufficiency of the Evidence

Leung essentially argues that there was insufficient evidence of aiding and abetting. We may not reach this issue because Leung waived his right to challenge the sufficiency of the evidence. “[T]he right to seek review of the sufficiency of the evidence is waived if the accused fails to make a motion for a judgment of acquittal before the matter is submitted to the jury.” United States v. Tisor, 96 F.3d 370, 379 (9th Cir.1996); see also United States v. Ward, 914 F.2d 1340 (9th Cir. 1990). Because Leung failed to move for a judgment of acquittal before…