Miranda-Lopez

MEMORANDUM **

Roberto Miranda-Lopez appeals the district court’s denial of his motion for judgment of acquittal on remand following our decision in United States v. Miranda-Lopez, 532 F.3d 1034 (9th Cir.2008). We review the sufficiency of the evidence de novo, United States v. Esquivel-Ortega, 484 F.3d 1221, 1224 (9th Cir.2007), and we affirm.

The district court did not err in concluding that the evidence was sufficient to support a jury finding that Miranda-Lopez knew the identification card he used belonged to another person. The card, stipulated to be genuine, contained a photograph and fingerprint of another individual, there was no evidence that the card looked doctored or fake, and a Customs and Border Protection Officer testified that the card looked genuine. As the district court held, a rational jury could reasonably conclude from this evidence that Miranda-Lopez knew the identification card he used to enter the United States belonged to a real person other than himself. In particular, the jury could have relied on the inference that there would have been little point in using a counterfeit identification not in Miranda-Lopez’s name. Compare Flores-Figueroa v. United…