What is the test for a finding that the federal government did not provide sufficient evidence to convict a defendant in a sexual assault case?

Castiglione acknowledges, as she must, that where each act individually constitutes a ground for conviction, the government need only prove that sufficient evidence supports one of the acts to sustain the conviction. United States v. Jessee, 605 F.2d 430, 431 (9th Cir.1979). The government listed five separate violations in its indictment, each sufficient to support a conviction. Castiglione has failed to establish that all five of the offenses were not adequately supported by the evidence. See United States v. Orozco-Santillan, 903 F.2d 1262, 1265 (9th Cir.1990) (evidence used to support a conviction reviewed in light most favorable to the prosecution, and the court must affirm if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt).

Because Castiglione did not object to prosecutorial misconduct during the trial, we review her allegations for plain error. United States v. Young, 470 U.S. 1, 14-15 (1984). We examine the government's actions to determine whether the conduct "materially affected the fairness of the trial." United States v. Polizzi, 801 F.2d 1543, 1558 (9th Cir.1986) (citations omitted).