Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction?

before he was indicted on February 7, 2008, and the government failed to prove that his membership in the conspiracy continued into the five-year statute of limitations period preceding that indictment. 18 U.S.C. 3282(a). A defendant challenging the sufficiency of the evidence to support his conviction bears a "heavy burden," because when reviewing such a challenge, "we must credit every inference that could have been drawn in the government's favor" and "defer to the jury's determination of the weight of the evidence and the credibility of witnesses, and to the jury's choice of the competing inferences that can be drawn from the evidence," and we affirm "where viewed in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements" of the crime charged. United States v. Miller, __F.3d__, 2010 WL 4723185, at *6 (2d Cir. Nov. 23, 2010) (internal quotation marks omitted).