Gouin
United States v. Gouin
Opinion
Lead Opinion
MEMORANDUM *
Kenneth Gouin appeals his conviction under 18 U.S.C. § 2252 (a)(4)(B). Because the parties are familiar with the facts and procedural history, we will not recount it here.
We review a sufficiency of the evidence claim de novo. United States v. Jiang, 476 F.3d 1026, 1029 (9th Cir.2007). “Evidence is sufficient to support a conviction unless, viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found the essential elements beyond a reasonable doubt.” United States v. Doe, 136 F.3d 631, 636 (9th Cir.1998).
Viewing the facts in the light most favorable to the prosecution, we conclude there was sufficient evidence from which a rational trier of fact could conclude that the images were transported or shipped in interstate commerce. The government presented sufficient evidence to prove that many if not all of the images possessed by Gouin in Washington came from different states or foreign countries. Gouin admitted he downloaded the pictures from the internet and believed some of the images came from Japan. The government presented testimony that the FBI has not found a website hosting child pornography in the state of…