Ortiz

United States v. Ortiz

Good Law
281 F. App'x 750
United States Court of Appeals for the Ninth CircuitJune 9, 2008Nos. 06-50254, 06-50280California753 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Mario Ortiz appeals his conviction pursuant to a jury trial and the consequent revocation of his supervised release. Because the parties are familiar with the facts, we do not recite them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A. Appeal of Ortiz’s conviction

Ortiz first argues that insufficient evidence existed to sustain his conviction because the evidence failed to establish that he was one of the perpetrators of the crime. Because he failed to make a Rule 29 motion, we review for plain error. See United States v. Franklin, 321 F.3d 1231, 1239 (9th Cir.2003). Generally, we review insufficiency of evidence claims “to determine whether, 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.” Id. (internal quotation marks and citation omitted).

Here, there was no plain error because a rational trier of fact could have found that Ortiz was the perpetrator of the crime beyond a reasonable doubt. The Smuggler Targeting Action Team (STAT Unit) officers…

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