Unpublished Disposition, 927 F.2d 611 (9th Cir. 1991)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.George BIRDTAIL, Jr., Defendant-Appellant.
No. 90-30189.
United States Court of Appeals, Ninth Circuit.
Submitted Nov. 27, 1990.* Decided March 7, 1991.
On Appeal from the United States District Court for the District of Montana Great Falls Division, No. CR-89-0073-GF-PGH; Paul G. Hatfield, District Judge, Presiding.
D. Mont.
AFFIRMED.
Before PREGERSON, FERGUSON and TROTT, Circuit Judges.
MEMORANDUM**
George Birdtail, Jr. appeals his conviction of making false statements to obtain food stamps, a violation of 18 U.S.C. § 1001.
He advances novel arguments in support of claims that (1) he was entrapped, (2) his Fifth Amendment rights were violated, and (3) the government failed to prove its case. None of his arguments as to entrapment and Fifth Amendment violations find any support whatsoever in any cases or in the text of the Constitution. Nor do they suggest a new rule is necessary to cover the facts and circumstances of this case. His claim of entrapment as to a crime already completed before the government found out about it is patently groundless. Thus, there is no merit to his contentions.
As to his claim that the government failed to prove its case, he merely asks us to reweigh conflicting evidence, an exercise that is not appropriate for an appellate court. Under Jackson v. Virginia, 443 U.S. 307 (1979), we find sufficient evidence in the record, notably the testimony of ranchers Conrad and Inman as well as Mr. Broadhead, to support his conviction.
AFFIRMED.
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