United States v. Nicholas Montano

ORDER

Appellee United States’ request to amend the memorandum disposition filed on March 15, 2013, is GRANTED. The amended memorandum disposition will be filed concurrently with this order.

AMENDED MEMORANDUM

Nicholas 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.

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 the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc). Viewing the evidence in that light, we conclude that it was sufficient to sustain the conviction. Anthony Delgado, a passenger in the vehicle, testified that he saw Montano place the firearm in the glove compartment shortly before police officers found it there. Though the defense impeached Delgado because he had recounted a different version of events before trial, it is not our role as a court of review “to question the jury’s assessment of…