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UNITED STATES v. BIRD (2021)

United States Court of Appeals, Ninth Circuit.2021-05-12No. No. 20-30112

Summary

Holding. The court affirmed Bird's convictions for sexual abuse and aggravated sexual abuse, finding that sufficient evidence supported the jury's verdict.

Alphonse Bird was convicted by jury of sexual abuse and aggravated sexual abuse offenses committed on the Blackfeet reservation. On appeal, Bird challenged the sufficiency of evidence supporting his convictions. The appellate court applied the standard requiring that evidence be viewed favorably toward the prosecution and upheld the convictions because a reasonable jury could have found all essential elements of the crimes proven beyond a reasonable doubt.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of evidence for sexual abuse convictions
  • Credibility determinations and factual conflicts resolved by jury
  • Standard of review for challenging jury convictions on appeal

Procedural posture

Bird appealed his jury convictions for sexual abuse offenses occurring on the Blackfeet reservation, arguing insufficient evidence supported the guilty verdicts.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM ***

A jury convicted Alphonse Bird of one count of sexual abuse and one count of aggravated sexual abuse on the Blackfeet reservation, in violation of 18 U.S.C. §§ 2241(a) and 2242(2)(b). On appeal, Bird argues that there was insufficient evidence for his convictions. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we do not recount them here.

In our review, we must view the evidence “in the light most favorable to the prosecution” and we affirm if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Nevils, 598 F.3d 1158, 1163–64 (9th Cir. 2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). We also must assume the jury determined the credibility of witnesses and resolved evidentiary conflicts in a way that supports the verdict. United States v. Gillock, 886 F.2d 220, 222 (9th Cir. 1989).

Here, a rational juror could have found Bird guilty beyond a reasonable doubt on each count. At trial, the prosecution presented DNA evidence and testimony from both victims, an eyewitness to one incident, and the arresting officer, among others. Although Bird—who admitted meeting the victims—testified that the encounters were not sexual, we need not, and indeed cannot, accept his conflicting version of the facts. See Gillock, 886 F.2d at 222.

AFFIRMED.