Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided April 5, 1990.
Appeal from the United States District Court for the Central District of California; Consuelo B. Marshall, District Judge, Presiding.
C.D.Cal.
AFFIRMED.
Before WILLIAM A. NORRIS, WIGGINS and KOZINSKI, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Greene contends the trial court convicted him of mail fraud without sufficient evidence. The only element of proof in dispute is Greene's mens rea; mail fraud requires a specific intent to deceive. United States v. Green, 745 F.2d 1205, 1207 (9th Cir.), cert. denied, 474 U.S. 925 (1985). The prosecution presented evidence and witnesses to show that Greene knowingly made misrepresentations to further the fraud. The defendant testified that he had no intent to deceive. We reverse a conviction for insufficiency of the evidence only if, viewing the proof in the light most favorable to the Government, no rational trier of fact could have found guilt beyond a reasonable doubt. United States v. Harden, 846 F.2d 1229, 1232 (9th Cir.),cert. denied, 109 S.Ct. 264 (1988). The case was tried without a jury, and the district judge could have rationally found guilt beyond a reasonable doubt.
As for defendant's claim of ineffective assistance of counsel, we generally do not review such claims on direct appeal. United States v. Birges, 723 F.2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943 (1984). Nothing in the record indicates that we should vary from the rule here.
AFFIRMED.