United States v. Marie Cross

MEMORANDUM

Cross appeals from her misdemeanor judgment of conviction and sentence for entering a military installation for a purpose prohibited by law. 18 U.S.C. § 1382 . We review her conviction by asking whether, construing the evidence in the light most favorable to the Government, a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 318-19 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We hold that the evidence is sufficient that a rational trier of fact could have concluded beyond a reasonable doubt that Cross did not have permission to enter the base and knew that her entry was unauthorized. See United States v. Cottier, 759 F.2d 760, 762 (9th Cir.1985).

First, the evidence is sufficient to conclude that Cross lacked authorization to enter the base. While on the base, Cross was unable to produce any identification when asked by officers. Officer Trojanow-ski’s testimony about military dependent identification cards undercuts Cross’s argument that she entered the base using a valid identification card.

Second, the evidence was sufficient…