Stubbs

MEMORANDUM **

Gary Stubbs appeals the district court’s affirmance of his conviction for violating 36 C.F.R. § 261.53 (e) and 36 C.F.R. § 261.10 (1), and his sentence. We affirm.

We review Stubbs’s claim of insufficient evidence de novo. United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004). A rational factfinder, taking the evidence in the light most favorable to the prosecution, could find that the government had proven the elements of the offenses beyond a reasonable doubt given Stubbs’s stipulation, his own statements that his kitchen was not in compliance, and the testimony of Forest Service officers. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

Because Stubbs raised his double jeopardy challenge in the district court, we review the claim de novo. United States v. Patterson, 381 F.3d 859, 863 (9th Cir.2004) . Although the same conduct gave rise to a violation of the two regulations, “each provision require[d] proof of an additional fact which the other d[id] not,” and the convictions therefore did not violate the double jeopardy clause. Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). Under…