Mikhaylov

United States v. Mikhaylov

Good Law
209 F. App'x 700
United States Court of Appeals for the Ninth CircuitDecember 4, 2006No. 06-30253California769 words

Opinion

Lead Opinion

MEMORANDUM *

Yevgenity Mikhaylov was convicted of four counts of mail fraud and one count of conspiracy to commit mail fraud. He now appeals, assigning error to the the district court’s denial of his motion for acquittal. We affirm.

I.

A jury verdict will not be reversed if “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.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Because Mikhaylov moved for acquittal at the close of the government’s case-in-chief and chose not to introduce evidence thereafter, we consider only evidence that was before the jury at the time the motion was made. United States v. Polizzi, 500 F.2d 856, 904 (9th Cir.1974).

II.

“[I]n order to sustain a conviction under the federal mail fraud statutes ... it *702 is necessary to show willful participation in a scheme with knowledge of its fraudulent nature and with intent that these illicit objectives be achieved.” United States v. Price, 623 F.2d 587, 591 (9th Cir.1980), overruled on other grounds by United States v. De Bright, 730 F.2d 1255…

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