United States v. Nolder

231 F. App'x 554

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 30, 2007
• Docket: No. 06-10427
• Status: Published

Opinion

MEMORANDUM

**

We review the sufficiency of a charging document de novo.¹ The citation issued to Nolder was sufficient, it contained the elements of the offense and sufficiently apprised Nolder of the allegations she was required to meet.²

Review of a conviction challenged for insufficient evidence is also reviewed de novo.³ Under the Jackson v. Virginia standard, the evidence sufficed for a conviction, because a reasonable juror could conclude that the defendant resisted the officer’s lawful orders to step away from the tent and put her hands behind her back.⁴

AFFIRMED.

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

1 . United States v. Akins, 276 F.3d 1141, 1146 (9th Cir.2002).

2 . Russell v. United States, 369 U.S. 749, 763, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962).

3 . United States v. Bucher, 375 F.3d 929, 934 (9th Cir.2004).

4 . Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).