
USCA1 Opinion

	




          February 17, 1994     [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 93-1999                                                UNITED STATES,                                      Appellee,                                          v.                             HERMON RAYMOND STARKWEATHER,                                Defendant,  Appellant.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                              FOR THE DISTRICT OF MAINE                     [Hon. Morton A. Brody, U.S. District Judge]                                            ___________________                                 ___________________                                        Before                                 Breyer, Chief Judge,                                         ___________                          Boudin and Stahl, Circuit Judges.                                            ______________                                 ___________________               Perry O'Brian, on brief for appellant.               _____________               Jay  P.  McCloskey,  United  States Attorney,  Elizabeth  C.               __________________                             _____________          Woodcock,  Assistant United  States  Attorney,  and  Margaret  D.          ________                                             ____________          McGaughey, on brief for appellee.          _________                                  __________________                                  __________________                 Per Curiam.  Appellant Hermon Starkweather was convicted                 __________            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                          ______________     _________________            153, 156-57 (1st Cir. 1989) (quoting United States v. Jiminez                                                 _____________    _______            Perez, 869 F.2d 9, 11 (1st Cir. 1989)).  Appellant has failed            _____            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),            _____________    _______            there  was no error  in the fact  that the jury  credited the            government's version of events rather than appellant's.                 Affirmed.                 ________                                         -2-
