How have the courts treated a challenge to the sufficiency of evidence in a criminal case?

In viewing a challenge to the sufficiency of the evidence, we must view the evidence in the light most favorable to the Government. Jackson v. Virginia, 443 U.S. 307, 319 (1979). The evidence produced at trial was clearly sufficient to sustain both convictions.

The contentions of ineffective assistance of appellate counsel, which depends on alleged ineffectiveness of trial counsel, lack merit. The contention concerning the exclusion of black persons from the jury has no support in the record. The contention that the consecutive sentences violated the double jeopardy clause likewise is meritless. See United States v. Rubalacaba, 811 F.2d 491, 494-95 (9th Cir.1987) (upholding separate sentences for conspiracy and the related substantive offense).