Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS ‘
FOR THE NINTH CIRCUIT
I UNITED STATES OF AMERICA, No. 04-10368
D.C. No. CR—03-00550-FJM
Plaintiff - Appellee,
v.
JUDGMENT
JOHN DAVID JOHNSON WHITE, aka
John D. Thomas White, John Vxfhite
Johnston, John DT White—Johnson,
. Defendant- Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix). `
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof, it is now here ordered and adjudged by this
Court, that the judgment of the said District Court in this cause be, and hereby is
` AFFIRMED. I
Filed and entered 04/ 14/06 _
Arnue coev
cA·n-sv A. CATTERSON
oteex or= cz our
ATTEST .
uns `
by·
( ‘ eputy Clerk
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{ ` ’
1
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS F I D
FOR THE NINTH CIRCUIT APR 14 2005
cpm-av A. cAr·rERsou cuznx
u.s. coum or APPEALS
UNITED STATES OF AMERICA N0. 04-10368
Plaintiff-Appellee, D.C. N0. CR—03-005500-PHX-
FJM
· v.
MEMoRANDUM*
JOHN DAVID JOHNSON WHITE, aka
John Dthornas White, John White
Johnston, John DT White Johnson
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted February 17, 2006**
San Francisco, California
Before: PAEZ and TALLMAN, Circuit Judges, and KARLTONQM District Judge.
* This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
W This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
W The Honorable Lawrence K. Karlton, Senior United States District
Judge for the Eastern District of California, sitting by designation.
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Appellant challenges his criminal conviction of dealing firearms without a
license, a violation of 18 U.S.C. § 922(a)(1)(A). Appellant alleges that there was
insufficient evidence to sustain a conviction. We review an insufficiency of the
evidence claim for plain error. United States v. Alvarez—Valenzuela, 231 F.3d
1198, 1201 (9th Cir. 2000).
"A challenge to the sufficiency of the evidence requires this court to
determine if ‘after viewing 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 Carranza, 289 F.3d 634,
641-42 (9th Cir. 2002) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979).
Section 922(a)(1) of title 18 U.S.C. provides, in pertinent part, that it is
unlawfi1l"for any person, except a . . . licensed dealer, to engage in the business of
. . . dealing in firearms." Section 921(a)(l 1) explains that a “dealer" is "any
person engaged in the business of selling firearms . . . at wholesale or retail."
Viewing the evidence in light most favorable to the prosecution, a rational
trier of fact could have found the appellant guilty beyond a reasonable doubt.
Appellant admitted that he sold somewhere between twenty-three and twenty-five .
firearms in 2002 and made a profit of approximately $50 per firearm. Appellant
further admitted that he was selling guns to make money. Appellant also created a
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: · .

list of all the tirearrns he remembers selling and the person to whom he sold the
iirearm. The list contained around fifteen transactions involving eighteen
firearms.
Based on the evidence presented, a rational jury could have concluded that
appellant was guilty beyond a reasonable doubt.
AFFIRMED.
ATRUE COPY - i
CATHY A. CATTEFISON
CLERK OF COURT
ATTEST `
r/ : 'O
by: 7
t 9 nam
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