United States v. Duh Wan Kim

MEMORANDUM ^**

Duh Wan Efim appeals from his jury-trial conviction for attempted possession of methamphetamine hydrochloride with intent to distribute, in violation of 21 U.S.C. § 846(a)(1), (b). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Kim contends that the district court’s denial of his motion for acquittal should be reversed because no rational trier of fact could have found beyond a reasonable doubt that he intended to possess methamphetamine. We conclude that, taking the evidence in the light most favorable to the government, a rational trier of fact could have found beyond a reasonable doubt that Kim intended to possess methamphetamine. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); see also United States v. Carranza, 289 F.3d 634, 644 (9th Cir.2002).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.