Opinion
No. 07-50530.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 26, 2008.
Stephen F. Miller, Esq., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Kathryn Thickstun Leff, Law Offices of Kathryn Thickstun Leff, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, M. James Lorenz, District Judge, Presiding. D.C. No. CR-07-00036-L.
Before: KOZINSKI, Chief Judge, KLEINFELD and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appellant's sufficiency of evidence challenge fails under the standard set in Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Sufficient evidence supports the district court's finding that appellant had a reasonable opportunity to escape. See United States v. Verduzco, 373 F.3d 1022, 1030 (9th Cir. 2004).