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Cited as authority (rule)
In the Matter of the Personal Restraint of: Reuben D. Mulamba
United States v. Vgeri, 51 F.3d 876, 880 (9th Cir. 1995); Ortiz v. Stewart, 149 F.3d 923, 936 (9th Cir. 1998); State v. Early, 70 Wn.
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Cited as authority (rule)
United States v. Jamie Matsuba
The emails were therefore disclosed “at a time when the disclosure remain[ed] of value.” United States v. Juvenile Male, 864 F.2d 641, 647 (9th Cir. 1988); see United States v. Alvarez, 86 F.3d 901, 905 (9th Cir. 1996) (no Brady violation where defendant could cross-examine witness about late-disclosed information); United States v. Vgeri, 51 F.3d 876, 880 (9th Cir. 1995) (same); United States v. Gordon, 844 F.2d 1397, 1403 (9th Cir. 1988) (same). 3.
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Cited as authority (rule)
United States v. Cestoni
The standard for deciding a motion under Rule 29(c) is well-settled: “The evidence is sufficient to support a conviction if, reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).
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Cited as authority (rule)
United States v. Raymond Duenas, Jr.
Generally, a noneonstitutional error at trial does not result in reversal if the government shows that the error was more probably than not harmless. 11 See United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Eric Pondelick
United States v. Vgeri, 51 F.3d 876, 881 (9th Cir.1995).
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Cited as authority (rule)
Lopez v. Ryan
Accordingly, this information was not “material” for Brady purposes. ,See Barker v. Fleming, 423 F.3d 1085, 1099 (9th Cir.2005) (new evidence that “very nearly replicated evidence already admitted” into evidence is not “material” under Brady); United States v. Vgeri, 51 F.3d 876, 880 (9th Cir.1995) (same).
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Cited as authority (rule)
United States v. Frank Steffensen
Nor did the district court abuse its discretion by failing to give Stef-fensen’s proposed “addict” instruction, see United States v. Vgeri, 51 F.3d 876, 881 (9th Cir.1995), or by instructing the jury that an intent to distribute need not entail a financial motive, see United States v. Heredia, 483 F.3d 913, 923 (9th Cir.2007) (en banc).
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Cited as authority (rule)
United States v. Llantada-Garcia
Although we generally do not review such claims on direct appeal, see United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995), the claim here fits into a recognized exception because “the record is sufficiently developed to permit the reviewing court to resolve the issue.” United States v. Daly, 974 F.2d 1215, 1218 (9th Cir.1992) (citation omitted).
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Cited as authority (rule)
United States v. Miles
See, e.g., United States v. Torres, 115 F.3d 1033, 1038 (D.C.Cir.1997); United States v. Vgeri 51 F.3d 876, 881 (9th Cir.1995); McGhee, 882 F.2d at 1100 .
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Cited as authority (rule)
United States v. Campos
A conspirator may be judged only “on the basis of the quantity of drugs which he reasonably foresaw or which fell within ‘the scope’ of his particular agreement with the conspirators.” United States v. Vgeri, 51 F.3d 876, 881 (9th Cir. 1995) (quotations omitted) (emphasis added); see also U.S.S.G. § 1B 1.3(a)(1)(B) Several illustrations from the Sentencing Guidelines provide guidance.
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Cited as authority (rule)
Ignacio Alberto ORTIZ, Petitioner-Appellant, v. Terry STEWART, Respondent-Appellee
We held in Vgeri that because the informant had testified at trial about her present cooperation with the government, “[t]he disputed information concerning [the informant’s] alleged prior cooperation with law enforcement would not have been the difference between conviction and acquittal.” Id. at 880 (emphasis added).
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Cited as authority (rule)
United States v. Norman C. Jones
Ineffective assistance of counsel claims are "not ordinarily reviewed on direct appeal," as such claims are "more appropriately raised in habeas corpus proceedings." United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995) (internal citations omitted).
cited
Cited as authority (rule)
United States v. Eliodero Delacorte, United States of America v. Guillermo Willie Riojas
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Demetrio Salgado Malfavor
See United States v. Hernandez, 80 F.3d 1253, 1258 (9th Cir.1996); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995). 4 Section 924(c)(1) provides for enhanced penalties if the defendant "during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm." 18 U.S.C. § 924 (c)(1).
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Cited as authority (rule)
United States v. Lewis Boniface, United States of America v. John Robert Sargent, AKA Robert Goad, United States of America v. Larry Bolain
We have reviewed the record, find the evidence compelling to say the least, and hold that a "rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Robbin McLaurin AKA Robbin Nelson
United States v. Sarno, 73 F.3d 1470, 1488 (9th Cir.1995), cert. denied, 116 S.Ct. 2554 (1996); United States v. Vgeri, 51 F.3d 876, 880 (9th Cir.1995).
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Cited as authority (rule)
CONFED. TRIBES AND BANDS OF YAKAMA INDIAN v. Lowry
The circuit's only substantive comment was that "[B]ecause Idaho does not permit Class III gaming activities, we hold that the Coeur d' Alene Tribe has no right to engage in those activities." 51 F.3d at 876.
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Cited as authority (rule)
United States v. Michael Mangiardi
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (citations omitted). 48 The Indictment charged that Mangiardi promoted wire fraud by sending a $3,750 check to NAAE as payment for "turn down" services.
cited
Cited as authority (rule)
United States v. Paul Anthony Davis
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Benjamin Lloyd Hicks
United States v. Erickson, 75 F.3d 470, 479 (9th Cir.), cert. denied, — U.S. -, 116 S.Ct. 1853 , 134 L.Ed.2d 953 (1996); United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995).
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Cited as authority (rule)
Confederated Tribes & Bands of the Yakama Indian Nation v. Lowry
The circuit’s only substantive comment was that “[B]ecause Idaho does not permit Class III gaming activities, we hold that the Coeur d’ Aleñe Tribe has no right to engage in those activities.” 51 F.3d at 876.
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Cited as authority (rule)
96 Cal. Daily Op. Serv. 8151, 96 Daily Journal D.A.R. 13,537, 96 Daily Journal D.A.R. 14,765 United States of America v. Rolando Lopez, United States of America v. Josefa Fuentes
We disagree. 6 In deciding whether the evidence is sufficient to support Lopez' and Fuentes' convictions for carrying the firearm, we must review the evidence in the light most favorable to the prosecution and ask whether any rational trier of fact could have found the "carrying" element beyond a reasonable doubt. 5 Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Alberto Gamez-Granillo
We affirm. 4 Direct review of ineffective assistance of counsel claims is appropriate if " 'the record is sufficiently developed to permit the reviewing court to resolve the issue....' " United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995) (quoting United States v. Daly, 974 F.2d 1215, 1218 (9th Cir.1992)).
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Cited as authority (rule)
United States v. Lopez
In deciding whether the evidence is sufficient to support Lopez’ and Fuentes’ convictions for carrying the firearm, we must review the evidence in the light most favorable to the prosecution and ask whether any rational trier of fact could have found the “carrying” element beyond a reasonable doubt. 5 Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Gilberto Romas-Miranda
Romas-Miranda contends that his trial counsel rendered ineffective assistance by: (1) failing to move for a downward departure based on unusual mitigating circumstances and in order to avoid disparity in sentencing; and (2) failing to object to the calculation of his criminal history points and criminal history category. 3 "Ineffective assistance of counsel claims are not ordinarily reviewed on direct appeal." United States v. Vgeri, 51 F.3d 876, 878 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Noel Benjamin Girard, United States of America v. David Hillenbrand
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Aziz Sharrieff, United States of America v. Trina Devay Harper, United States of America v. Carlos Munoz
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Sabulon Cardenas Cuellar
We now address the remaining issues, and likewise as to them, find no reversible error. 4 * Cuellar argues that the district court erred in denying his motion for acquittal based on insufficient evidence to convict him of distributing 200 kilograms of cocaine. 5 Viewing the evidence in the light most favorable to the government, "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (internal quotations omitted).
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Cited as authority (rule)
United States v. Jae Shik Cha
Sufficiency of the Evidence 45 Cha argues that there was insufficient evidence to convict him of money laundering because the government failed to prove that he had the intent to " 'conceal or disguise' the nature, location, source or control of the proceeds of an unlawful activity." There is sufficient evidence to support a conviction if, viewing the evidence in the light most favorable to the government, "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (citation omitted). 46 Th…
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Cited as authority (rule)
United States v. Jesse Manuel Dumbrique
Evidence offered to support a conviction is sufficient if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Jay French
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
UNITED STATES of America, Plaintiff-Appellee, v. James E. MELVIN, Defendant-Appellant
Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Remedios Reyes Penaflor
United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Otis Cooper, Jr.
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States of America, and v. B & M Farms, and Cross-Appellee, United States of America, and v. Jo Ann Brewer, and Cross-Appellee, United States of America, and v. Kevin F. Brewer, and Cross-Appellee
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995). 19 Defendants annually represented on ASCS payment limitation forms that B & M Farms was a partnership of equal interests.
cited
Cited as authority (rule)
UNITED STATES of America, Plaintiff-Appellee, v. Ronald David JONES, Jr., Defendant-Appellant
Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
96 Cal. Daily Op. Serv. 3785, 96 Daily Journal D.A.R. 6140 United States of America v. Linda Agbayani Tagalicud, United States of America v. Francisco Agustin Tagalicud, United States of America v. Michael Kauilani Hose, United States of America v. Tarcila Tagalicud Hose
The test of sufficiency is "whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (quotations omitted). 9 Michael Kauilani Hose argues that the evidence was insufficient to establish the requisite mens rea for conspiracy.
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Cited as authority (rule)
United States v. Tagalicud
The test of sufficiency is “whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995) (quotations omitted).
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Cited as authority (rule)
United States v. Robert Michael Standard, Aka: Robert Standard
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995). 13 The government argues that Standard's material misstatement consisted of excluding in 1987 and deducting in 1988 capping payments which were illegal under California law and therefore nondeductible under 26 U.S.C. § 162 (c)(2).
cited
Cited as authority (rule)
United States v. Anthony Rebich
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Gunther Thimm
United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995) (admission of prior bad acts is not constitutional error).
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Cited as authority (rule)
United States v. Timothy Ray Glover James Delano Pedrioli
United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995); United States v. Rahm, 993 F.2d at 1415 (9th Cir.1993); United States v. Lui, 941 F.2d 844, 848 (9th Cir.1991); United States v. Browne, 829 F.2d 760, 766 (9th Cir.1987), cert. denied, 485 U.S. 991 (1988) This Court has also described the test for nonconstitutional error as requiring a "fair assurance" that the error did not have "substantial influence" over the verdict.
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Cited as authority (rule)
United States v. Enguilberto Aguilar-Ayala
III 25 Ordinarily, this court will not review ineffective assistance of counsel claims on direct appeal because "[s]uch claims are more appropriately raised in habeas proceedings." United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995) (citations omitted); see United States v. Pope, 841 F.2d 954, 958 (9th Cir.1988) ("Challenge by way of a habeas corpus proceeding is preferable as it permits the defendant to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted.").
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Cited as authority (rule)
United States v. Diana Lee Torrejon, AKA Diana Lee Nevell
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Adrian Keith Finnell
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Carlos Vintimilla
United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Nile James Smith
Jackson v. Virginia, 443 U.S. 307, 318-19 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
cited
Cited as authority (rule)
United States v. Suen Man Tang Ren Hai
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
UNITED STATES of America, Plaintiff-Appellee, v. Pedro Arias HERNANDEZ, Defendant-Appellant
United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).
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Cited as authority (rule)
United States v. Kevin Patrick Lowe
Jackson v. Virginia, 443 U.S. 307, 319 (1979); United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995). 13 Lowe reasons that, because the IRS's mandate is to determine whether taxes are owed rather than to determine and issue refunds, his over-reporting of earned income and amounts of taxes withheld and overstatements of refund amounts due were not material as a matter of law or fact.
Retrieving the full opinion text from the archive…
COEUR D’ALENE TRIBE, Plaintiff-Appellant, and Kootenai Tribe of Idaho; Nez Perce Tribe, Plaintiffs,
v.
STATE OF IDAHO, Defendant-Appellee
v.
STATE OF IDAHO, Defendant-Appellee
94-35238.
Court of Appeals for the Ninth Circuit.
Apr 6, 1995.
Raymond C. Givens, Givens, Funke & Work, Coeur d’Alene, ID, for plaintiff-appellant., David G. High, Deputy Atty. Gen., Boise, ID, for defendant-appellee.
Pregerson, Kozinski, Leavy.
Cited by 6 opinions | Published
ORDER
The judgment of the district court is affirmed substantially for the reasoning advanced in its published opinion, 842 F.Supp. 1268 (Idaho 1994). Our affirmation also is based, in part, on our holding in Rumsey Indian Rancheria of Wintun Indians v. Wilson, 41 F.3d 421 (9th Cir.1994).
In Rumsey, we held that the Indian Gaming Regulatory Act, 25 U.S.C. § 2710(d)(1)(B), permits Class III gaming activities on Indian lands “only if such activities are ... located in a State that permits such gaming for any purpose_” Id. at 425. Thus, we concluded that where a state does not permit gaming activities sought by a tribe, “the tribe has no right to engage in those activities, and the state ... has no duty to negotiate with respect to them.” Id. In so concluding, we cited with approval Judge Ryan’s well-reasoned opinion in the instant case. Id. at 427.
Because Idaho does not permit Class III gaming activities, we hold that the Coeur D’Alene Tribe has no right to engage in those activities.
AFFIRMED.