USCA1 Opinion
February 17, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1999
UNITED STATES,
Appellee,
v.
HERMON RAYMOND STARKWEATHER,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Morton A. Brody, U.S. District Judge]
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Before
Breyer, Chief Judge,
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Boudin and Stahl, Circuit Judges.
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Perry O'Brian, on brief for appellant.
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Jay P. McCloskey, United States Attorney, Elizabeth C.
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Woodcock, Assistant United States Attorney, and Margaret D.
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McGaughey, on brief for appellee.
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Per Curiam. Appellant Hermon Starkweather was convicted
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after a one day jury trial of nine counts of fraudulently
converting United States treasury funds for his own use in
violation of 18 U.S.C. 641. He now argues that there was
insufficient evidence to support a conviction.
Since the record indicates that appellant failed to
renew his motion for acquittal at the close of the case, his
conviction can only be disturbed "to prevent 'clear and gross
injustice.'" United States v. Rodriguez-Estrada, 877 F.2d
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153, 156-57 (1st Cir. 1989) (quoting United States v. Jiminez
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Perez, 869 F.2d 9, 11 (1st Cir. 1989)). Appellant has failed
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to show that justice miscarried in this case.
The sole basis for appellant's contention that the
evidence was insufficient to establish that he acted with the
criminal intent required for a conviction under 18 U.S.C.
1641 is that appellant testified at trial that he lacked such
intent. However, the government presented more than
sufficient evidence from which a rational juror could have
concluded beyond a reasonable doubt that criminal intent was
present. Since the jury was entitled to assess credibility
and to accept or reject any or all of appellant's testimony,
United States v. Dockray, 943 F.2d 152, 157 (1st Cir. 1991),
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there was no error in the fact that the jury credited the
government's version of events rather than appellant's.
Affirmed.
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