NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 12 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30196
Plaintiff-Appellee, D.C. No.
1:14-cr-00130-SPW-1
v.
ERIC HARVEY LITTLECALF, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted August 31, 2017**
Seattle, Washington
Before: McKEOWN and GOULD, Circuit Judges, and FOOTE,*** District Judge.
Eric Littlecalf appeals his convictions for assault resulting in serious bodily
injury, in violation of 18 U.S.C. §§ 113(a)(6), 1153(a), and 3559(f)(3), and felony
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Elizabeth E. Foote, United States District Judge for the
Western District of Louisiana, sitting by designation.
child abuse, in violation of 18 U.S.C. § 1153(b) and Montana Code Annotated
§ 45-5-212(1) and (2). The convictions stem from injuries suffered by K.L., his
eight-month-old son. Littlecalf contends there was insufficient evidence to sustain
the convictions. We affirm.
There is sufficient evidence to support a conviction if, after considering the
evidence in the light most favorable to the prosecution, “any rational trier of fact
could have found the essential elements of the crime beyond a reasonable doubt.”
Jackson v. Virginia, 443 U.S. 307, 319 (1979).
Evidence at trial established that K.L. suffered a skull fracture and subdural
hematoma. The government presented evidence that Littlecalf admitted to striking
K.L. and that K.L.’s injuries were consistent with Littlecalf’s admission. One of
K.L.’s treating physicians testified that K.L.’s injuries involved the protracted loss
or impairment of the function of a body member, organ, or mental faculty, and two
of K.L.’s treating physicians testified that his injuries involved extreme physical
pain.
Accordingly, there was sufficient evidence for a rational jury to convict
Littlecalf.
AFFIRMED.
2