Does the 9th Circuit of the Court of Appeal hold that a jury's finding of guilty on a charge of gang membership is not inconsistent with the jury's acquittal on the same charge?

MultiRegion, United States of America

The following excerpt is from Latham v. Gower, No. 2:12-cv-01932-JKS (E.D. Cal. 2015):

The appellate court's holding fully comports with federal law, under which "it is well-established that inconsistent verdicts may stand, even when a conviction is rationally incompatible with an acquittal, provided there is sufficient evidence to support a guilty verdict." United States v. Suarez, 682 F.3d 1214, 1218 (9th Cir. 2012) (citation, internal quotation marks and bracketing omitted). As discussed in more detail with regard to claim 2, the true finding was adequately supported by legally sufficient evidence. Thus, while the jury's true finding on the gang enhancement may seem somewhat logically inconsistent with the jury's acquittal on the gang participation charge, that alleged inconsistency is not grounds for habeas review because

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