Carman

MEMORANDUM *

John Alan Carman appeals his conviction for conspiracy to kidnap a person in a foreign country in violation of 18 U.S.C. § 956 , and the government cross-appeals as to the sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b). We affirm Carman’s conviction, vacate the sentence, and remand for resentencing.

1. We review de novo the district court’s denial of Carman’s motion for acquittal under Federal Rule of Criminal Procedure 29. See United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004). We agree with the district court that, viewing the evidence in the light most favorable to the prosecution, as we must, any rational juror could have found the essential elements of § 956 beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). The prosecution presented ample circumstantial evidence of an agreement between Carman and George Lane. See United States v. Corona-Verbera, 509 F.3d 1105, 1117 (9th Cir.2007) (“[Cjircumstantial evidence that the defendants acted with a common goal is sufficient also to prove agreement....”); United States v. Iriarte-Ortega, 113 F.3d 1022, 1024 (9th…