Salazar

MEMORANDUM ***

Defendant Robert Michael Salazar appeals his conviction under 18 U.S.C. § 1791 (a) for possession of a prohibited object by an inmate. He also appeals the resulting sentence of 33 months’ imprisonment. We affirm.

We review Defendant’s challenge to the sufficiency of the evidence for miscarriage of justice only. United States v. Quintana-Torres, 235 F.3d 1197, 1199 (9th Cir.2000). Before the district court, Defendant challenged the sufficiency of the evidence on factual grounds only; on appeal, he challenges the sufficiency of the evidence on legal grounds — his view that the term “inmate” has a “special meaning” under § 1791(a). 1 “This ground was not advanced when he made his motion for acquittal on one specified ground. The objection now advanced was waived[, unless] review is necessary to prevent a manifest miscarriage of justice.” Id. (citation omitted); see also United States v. Suarez-Rosario, 237 F.3d 1164, 1167 (9th Cir.2001) (“A district court is afforded wide discretion in determining whether to allow the government to reopen and introduce evidence after it has rested its case. One purpose of Rule 29 motions is to alert the court to omitted proof so…