Is there insufficient evidence to sustain a conviction on count II of the indictment of possession of a firearm during the commission of a violent felony?

Finally, Westerdahl argues that there was insufficient evidence to sustain the conviction on count II of the indictment, the charge of possession of a firearm during the commission of a violent felony, in violation of 18 U.S.C. 924(c) (1988). We review this claim to determine whether 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, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

Possession of a toy or replica gun cannot sustain a conviction under 924(c). See United States v. Martinez-Jimenez, 864 F.2d 664, 668 (9th Cir.), cert. denied, 489 U.S. 1099, 109 S.Ct. 1576, 103 L.Ed.2d 942 (1989). Here, although there was some difference of opinion among the witnesses as to the type of gun possessed by the bank robber, there is no question that the government made the necessary showing that a real firearm was possessed during the commission of the robbery. When viewing the evidence in the light most favorable to the government, we cannot say that a rational jury could not have found that the device possessed by Westerdahl was a real firearm.