Medina-Cernas

MEMORANDUM **

Gabriel Medina-Cernas (“Appellant”) challenges his conviction for operating a motor vehicle in the Lake Mead National Recreation Area with a blood alcohol content of 0.08% or higher in violation of 86 C.F.R. § 4.23 (a)(2). The facts and procedural history are known to the parties and are repeated here only as necessary.

Appellant argues that the government did not meet its burden of establishing proof of guilt beyond a reasonable doubt. In determining whether sufficient evidence exists to support a guilty verdict, we reverse only when, viewing all the evidence in the light most favorable to the prosecution, we conclude that “no rational trier of fact could have found proof of guilt beyond a reasonable doubt.” Garcia v. Carey, 395 F.3d 1099, 1102 (9th Cir.2005) (emphasis omitted); see also United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002). It is clear that the district court — after considering the results of the breath alcohol test, Appellant’s own testimony about his drinking pattern, and expert witness testimony on alcohol absorption rates — “could have found the essential elements of the crime beyond a reasonable doubt.” Carranza, 289 F.3d at 641-42…