UNITED STATES v. LAFOUNTAIN (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Robert Wesley LAFOUNTAIN, Defendant-Appellant.

No. 17-30239

Decided: November 15, 2018

Before: FERNANDEZ and IKUTA, Circuit Judges, and SESSIONS,** District Judge.

Lori Anne Harper Suek, Assistant U.S. Attorney, Thomas Keoki Godfrey, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee Steven C. Babcock, Assistant Federal Public Defender, FDMT - Federal Defenders of Montana (Billings), Billings, MT, for Defendant-Appellant

MEMORANDUM ***

Robert Wesley LaFountain appeals his convictions for assault by striking, beating, or wounding in violation of 18 U.S.C. § 113(a)(4) and assault of a dating partner by strangling in violation of 18 U.S.C. § 113(a)(8). We have jurisdiction under 28 U.S.C. § 1291.

Viewed in the light most favorable to the prosecution, the evidence introduced at trial showed that LaFountain kicked Leslie Plainfeather, his dating partner, in the ribs, dragged her by her hair while kicking her, and pressed his knee into her throat to choke her. This evidence was more than adequate to allow a rational juror to find the essential elements of the crimes beyond a reasonable doubt. See United States v. Nevils, 598 F.3d 1158, 1163–65 (9th Cir. 2010) (en banc). Although LaFountain testified to a different version of events, the jury was free to disbelieve him. See United States v. Williams, 435 F.2d 642, 645–46 (9th Cir. 1970).

AFFIRMED.

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