What is the test of "rule of lenity" in criminal statutes?

5. The rule of lenity, that ambiguities in criminal statutes should be resolved in defendant's favor, is inapplicable in this case. "A statute is not ambiguous simply because it is possible to construe a statute narrowly . . . . Rather, the rule of lenity is reserved `for those situations in which a reasonable doubt persists about a statute's intended scope even after resort to the language and structure, legislative history, and motivating policies of the statute.' " United States v. LeCoe, 936 F.2d 398, 402 (9th Cir. 1991) (quoting Moskal v. United States, 498 U.S. 103, 108 (1990)).

5. The rule of lenity, that ambiguities in criminal statutes should be resolved in defendant's favor, is inapplicable in this case. "A statute is not ambiguous simply because it is possible to construe a statute narrowly . . . . Rather, the rule of lenity is reserved `for those situations in which a reasonable doubt persists about a statute's intended scope even after resort to the language and structure, legislative history, and motivating policies of the statute.' " United States v. LeCoe, 936 F.2d 398, 402 (9th Cir. 1991) (quoting Moskal v. United States, 498 U.S. 103, 108 (1990)).