Butcher

United States v. Butcher

Good Law
201 F. App'x 389
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-30375California567 words

Opinion

Lead Opinion

MEMORANDUM **

Antoine Butcher appeals his conviction by jury for bank robbery, in violation of 18 U.S.C. § 2113 (a). Because the parties are familiar with the facts, we do not recite them in detail. We affirm.

I.

The evidence was sufficient to support Butcher’s conviction. Viewing the evidence in the light most favorable to the government, a rational trier of fact could reasonably conclude that Butcher participated in robbing the Bank of the West branch with Michael and Douglas Dorton. See United States v. James, 987 F.2d 648, 650 (9th Cir.1993).

Butcher argues that the Dorton brothers’ partly uncorroborated testimony was insubstantial or incredible and thus insufficient because of inconsistencies in the brothers’ testimony. See United States v. Earl, 27 F.3d 423, 425 (9th Cir.1994) (per curiam). The inconsistencies Butcher refers to are inconsequential.

Butcher’s contention that the Dortons framed him to receive a more lenient sentence and do him harm is also without merit, because a reasonable jury could have concluded otherwise. After Butcher impeached the Dortons, the government submitted prior consistent statements of both brothers that an informant had secretly…

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