Chezem

United States v. Chezem

Good Law
195 F. App'x 689
United States Court of Appeals for the Ninth CircuitAugust 2, 2006No. 05-30504California596 words

Opinion

Lead Opinion

MEMORANDUM *

Larry Chezem appeals his conviction for conspiracy to possess machine guns in violation of 18 U.S.C. §§ 371 and 922(o). We affirm.

The district court did not err in denying Chezem’s Rule 29 motion for acquittal, as there was sufficient evidence to support the conviction. The evidence presented at trial would have allowed a reasonable jury to conclude that Chezem participated in an agreement among Project 7 members to possess illegal firearms and that he had the intent to accomplish this objective. Witnesses testified that owning machine guns was part of the group’s plan; that Chezem participated in and was in charge of firearms training using machine guns; that Chezem was one of a select few with access to the group’s cache of machine guns; that Chezem owned a rifle with the capacity to fire fully automatic; that the group, including Chezem, coordinated the concealment of the weapons; and that Chezem sought to regain access to the cache of machine guns after they were moved to a new location. “[A]ny rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Lopez-Patino, 391 F.3d 1034, 1038 (9th Cir.…

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