United States Ninth Circuit

A district court's decision reversing, on grounds of insufficient evidence, a conviction for driving while under the influence of alcohol to a degree that rendered defendant incapable of safe operation, is reversed where: 1) the court of appeals had jurisdiction to hear the appeal; and 2) given the record evidence, and all reasonable inferences arising therefrom, a rational trier of fact could have found beyond a reasonable doubt that defendant was impaired to the point that he could not safely operate his vehicle.

Appellate Information

• Argued 06/13/2007
• Decided 08/31/2007
• Published 08/31/2007

Judges

• GOODWIN, Circuit Judge:, Before:  ALFRED T. GOODWIN, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter S. Levitt, Assistant United States Attorney, Robert Ellman Appellate Chief, Las Vegas, NV, for the plaintiff-appellant.


• For Appellees:
  
• John G. Watkins, Las Vegas, NV, for the defendant-appellee.