United States v. Hui Fang Ling

MEMORANDUM *

The government appeals a post-verdict judgment of acquittal on one count charging Hui Fang Ling with making a false statement to immigration authorities. We reverse.

As the government contends, the district court substituted its own judgment for that of the jury. In reviewing a verdict pursuant to Rule 29, the court is not to assess the weight of the evidence on its own but, instead, must assume the jury resolved any and all conflicts in the evidence in favor of the prosecution. United States v. Bancalari, 110 F.3d 1425, 1428 (9th Cir.1997). The court’s review of the jury’s decision is “highly deferential” and the verdict will not be overturned if it was “not irrational.” United States v. Rubio-Villareal, 967 F.2d 294, 296 (9th Cir.1992) (en banc); United States v. Alston, 974 F.2d 1206, 1211 (9th Cir.1992).

Although the jury could have accepted Ling’s defense that the date of initial entry into the United States was a mistake, there was evidence, viewed in the light most favorable to the prosecution, from which a rational jury could find that Ling knowingly failed to report her 2004 illegal entry. That entry, together with her “credible fear” interview and…