Opinion
Argued and Submitted August 17, 2006.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Gary M. Restaino, Assistant U.S. Attorney, Phoenix, AZ, for Plaintiff--Appellee.
Jon M. Sands, Esq., Federal Public Defender's Office, Phoenix, AZ, for Defendant--Appellant.
Appeal from the United States District Court for the District of Arizona, David G. Campbell, District Judge, Presiding. D.C. No. CR-04-01036-DGC.
Before: CANBY, HAWKINS, and THOMAS, 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.
There was sufficient evidence, albeit circumstantial, from which a rational trier of fact could conclude that Appellant Robert Schuler knowingly possessed destructive devices in violation of 26 U.S.C. § 5861(d). See United States v. Brady, 579 F.2d 1121, 1127 (9th Cir.1978) ("[C]ircumstantial evidence can be used to prove any fact, including
Page 716.
facts from which another fact is to be inferred.").
AFFIRMED.