United States v. Nicholas Montano

FILED

NOT FOR PUBLICATION MAR 15 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-30057

Plaintiff - Appellee, D.C. No. 1:10-cr-00155-RFC-

v.

MEMORANDUM *

NICHOLAS JOHN MONTANO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief District Judge, Presiding

Submitted March 5, 2013 ** Portland, Oregon

Before: TASHIMA, CLIFTON, and BEA, Circuit Judges.

Michael Montano appeals his conviction of being a felon in possession of a

firearm. He argues that there was insufficient evidence to sustain the jury’s verdict.

We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In reviewing a challenge to the sufficiency of evidence supporting a

conviction, we must determine whether, “after viewing the evidence in the light

most favorable to…