United States v. Andy
United States v. Andy
Opinion of the Court
MEMORANDUM
Moses Jason Andy appeals his conviction by a jury trial for one count of aggravated sexual abuse committed in Indian Country, in violation of 18 U.S.C. §§ 1153 and 2241(c), and one count of sexual contact with a child committed in Indian Country, in violation of 18 U.S.C. §§ 1153 and 2244(a)(1). We affirm.
I
In considering a challenge to the sufficiency of the evidence to support a conviction, we review the evidence presented against the defendant in a light most favorable to the government to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Pacheco-Medina, 212 F.3d 1162, 1163 (9th Cir. 2000). The evidence presented at trial could provide a reasonable juror with a sufficient basis to believe beyond a reasonable doubt that the acts of sexual abuse and sexual contact occurred and that Andy’s intoxication did not negate the required mental state. The fact that conflicting testimony was presented at trial does not alter our conclusion. The determination of witness credibility is committed to the sound discretion of the jury. United States v. Croft, 124 F.3d 1109, 1125 (9th Cir. 1997). Thus, under our deferential standard of review, we conclude that the evidence was sufficient to sustain the convictions.
II
The district court did not err in denying Andy’s motion to suppress the statement he provided to law enforcement officers. After a review of the record, we find no clear error in the district court’s factual findings concerning the circumstances surrounding the interview. United States v. Mattarolo, 209 F.3d 1153, 1155-56 (9th Cir.), cert. denied, 531 U.S. 888, 121 S.Ct. 208, 148 L.Ed.2d 146 (2000). Given the totality of the circumstances, the district court did not err by denying Andy’s motion to suppress the statement. Dickerson v. United States, 530 U.S. 428, 434, 120
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Moses Jason ANDY
- Status
- Published