United States v. Nelson

MEMORANDUM *

Norman Ray Nelson appeals his conviction and sentence for assault with a dangerous weapon and assault by striking, beating, or wounding. Nelson argues that the district court erred by denying his motion for a judgment of acquittal, by admitting the victim’s out-of-court identification of Nelson as his assailant, and by announcing Nelson’s sentence before articulating the reasons the sentence was reasonable under 18 U.S.C. § 3553 (a).

We review the denial of the motion for acquittal de novo, construing the evidence against Nelson in the light most favorable to the government to determine whether a rational jury could have found him guilty beyond a reasonable doubt. See United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004). The victim testified at trial that Nelson stabbed him and had wounds which were consistent with being stabbed. Although the victim was intoxicated, the jury could have “reasonably believe[d]” that the victim could identify Nelson as his attacker, so this evidence was properly before the jury. See United States v. Owens-El, 889 F.2d 913, 915 (9th Cir.1989) (describing the standard for admissibility under Federal Rule of Evidence 602). Two other…