Federal Circuits, 9th Cir. (March 20, 1992)
Docket number: 91-10110
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Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges.
MEMORANDUM**Mark Hamby appeals the district court's denial of his motion for acquittal and his conviction, following a jury trial, for attempted bank extortion in violation of 18 U.S.C. 2113(a). We affirm.FACTSHamby's indictment alleged that on March 16, 1989, Hamby attempted to extort money from the Great Western Bank in Fresno, California, in violation of 18 U.S.C. 2113(a), and that on that date the bank's deposits were insured by the Federal Deposit Insurance Corporation (FDIC). Hamby's jury trial took place in November, 1990. At the close of the government's case, Hamby moved for a directed verdict and acquittal pursuant to Fed.R.Crim.P. 29(a) on the ground that the government had failed to prove that the bank's deposits were federally insured. The district court denied the motion. After the close of testimony, Hamby renewed his motion for acquittal and the court denied it. The jury returned a verdict of guilty. Hamby renewed his motion pursuant to Fed.R.Crim.P. 29(c). The court again denied it and sentenced him to 41 months of confinement and three years of supervised release. Hamby timely appeals.DISCUSSIONHamby contends that the district court erred in denying his motion for acquittal because there was insufficient evidence to establish that the Great Western Bank's deposits were insured by the FDIC at the time of the attempted extortion.We examine the sufficiency of the evidence to support a conviction and the denial of a motion for acquittal by examining the evidence in the light most favorable to the government and determining whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Brannan, 898 F.2d 107, 109 (9th Cir.), cert. denied, 111 S.Ct. 100 (1990). "The government is entitled to all reasonable inferences that might be drawn from the evidence." United States v. Johnson, 804 F.2d 1078, 1083 (9th cir.1986).To support a conviction for a violation of 18 U.S.C. 2113(a), the government must prove beyond a reasonable doubt that the bank deposits were insured by the FDIC on the date of the offense. See United States v. Washburn, 758 F.2d 1339, 1339-40 (9th Cir.1985); United States v. Campbell, 616 F.2d 1151, 1153 (9th Cir.), cert. denied,Try vLex for FREE for 3 days
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