United States of America v. Edgar Omar Keller-Canal, Aka Omar Keller-Canal

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR OMAR KELLER-CANAL, AKA
OMAR KELLER-CANAL,
Defendant - Appellant.
No. 12-50122
D.C. No. 2:10-cr-00159-DMG-2
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted June 2, 2014**
Pasadena, California
Before: GOULD and N.R. SMITH, Circuit Judges, and KORMAN, Senior District
Judge.***
The district court did not err in denying Keller’s motion for acquittal.
I.
FILED
JUN 09 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Edward R. Korman, Senior District Judge for the U.S.
District Court for the Eastern District of New York, sitting by designation.

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Viewing the evidence in the light most favorable to the prosecution, there
was sufficient evidence for a rational fact finder to conclude beyond a reasonable
doubt that Keller was the third inmate involved in the attack. See United States v.
Grasso, 724 F.3d 1077, 1085 (9th Cir. 2013); United States v. Nevils, 598 F.3d
1158, 1163-65 (9th Cir. 2010) (en banc). The witnesses’ descriptions of Keller
immediately after the incident generally matched the third inmate shown on the
surveillance footage. The khaki shirt found in Keller’s cell contained DNA exactly
matching Officer Johnson’s DNA. Surveillance footage and witness testimony
showed the third inmate arrive from and retreat to the direction of Keller’s cell.
Lastly, witnesses agree that Keller was sweaty and non-responsive when
approached in his cell soon after the altercation.
II.
Viewing the evidence in the light most favorable to the prosecution, there is
sufficient evidence for a rational fact finder to conclude beyond a reasonable doubt
that Keller assaulted a federal officer and inflicted bodily injury. See 18 U.S.C.
§§ 2, 111; Grasso, 724 F.3d at 1085; Nevils, 598 F.3d at 1164. Johnson testified
that during the altercation three inmates struck him multiple times with their fists,
legs, and knees; as he was being attacked, he felt the inmates’ shoes when they
kicked him; and one of the inmates kicked him in the face with a shod foot.
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Surveillance footage and witness testimony showed three inmates attacking
Johnson in unison. Finally, medical evidence demonstrated that Johnson suffered
various bodily injuries, including a partially torn rotator cuff. On this evidence, a
rational jury could have concluded beyond a reasonable doubt that Keller assaulted
Johnson and inflicted bodily injury.
AFFIRMED.
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