Buhtz

MEMORANDUM *

Barton Buhtz appeals his conviction by jury on one count of conspiring to pass fictitious financial instruments in violation of 18 U.S.C. §§ 371 and 514(a)(2) and five counts of aiding and abetting the passing of fictitious financial instruments in violation of 18 U.S.C. §§ 2 and 514(a)(2). He contends that substantial evidence does not support his convictions on the aiding and abetting charges, which were Counts 9,10,11,12, and 13 of the indictment; that the district court erred in denying his motion for a new trial; and that the district court erred in imposing without notice a sentence that was nine months greater than the top of the sentencing guidelines range.

“[Vjiewing the evidence in the light most favorable to the prosecution, any rational trier of fact” who heard the testimony of Buhtz and witnesses Nelda Bischoff Handke, Steve Kelton, and Douglas Grabinsky, and who saw Government Exhibits 5, 8,13, and 15, could have found “beyond a reasonable doubt” that Buhtz aided and abetted in the passing of the fictitious financial instruments identified in Counts 9, 10, 12, and 13. United States v. Salman, 531 F.3d 1007, 1010 (9th Cir.2008) (internal quotation marks…