United States v. Thiele

U.S. Court of Appeals for the Ninth Circuit
United States v. Thiele, 88 F. App'x 999 (9th Cir. 2004)
Bybee, Rymer, Scannlain

United States v. Thiele

Opinion of the Court

MEMORANDUM *

At trial, the prosecution adduced evidence sufficient to support a rational jury’s conclusion that Thiele was guilty beyond a reasonable doubt of conspiracy, robbery, and brandishing a firearm during the commission of a crime of violence. Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); United States v. Corral-Gastelum, 240 F.3d 1181, 1183 (9th Cir. 2001). The district court did not clearly err in determining that Thiele was a minor—but not a minimal—participant in the conspiracy. United States v. Smith, 282 F.3d 758, 772 (9th Cir. 2002); United States v. Murillo, 255 F.3d 1169, 1179 (9th Cir. 2001). Finally, the district court did not commit plain error in failing to apportion restitution among Thiele and his co-conspirators. United States v. Bright, 353 F.3d 1114, 1120 (9th Cir. 2004); United States v. Booth, 309 F.3d 566, 576 (9th Cir. 2002).

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 of America, Plaintiff—Appellee v. Raymond A. THIELE, Defendant—Appellant
Status
Published