§§ 1153(a), 3231, and 3242, and we exercise jurisdiction under 28 U.S.C. § 1291. We review the sufficiency of the evidence de novo, United States v. Bennett, 621 F.3d 1131, 1135 (9th Cir.2010), which requires us “to determine whether ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,’ ” United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). We review the sentence for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). “It is an abuse of discretion for a district court to apply the Guidelines to the fact h Cir.1996) (<HOLDING>). Here, the jury heard unequivocal testimony
holding that evidence was insufficient where the victim testified that she was awake and communicated her desire not to have sexual intercourse with the defendant holding that evidence the defendant brandished a knife moved victim under a desk in her office forced her to have sexual intercourse there and scratched her hip while doing so supported defendants aggravatedassault kidnappingwithbodilyinjury and rape convictions holding that the elevenyearold victims twentyonemonth delay in reporting her grandfathers inappropriate sexual conduct was adequately explained where the child testified that she did not tell anyone about the incident because her grandfather told her not to tell she did not think anybody was going to believe her and she felt scared and threatened by the defendant holding that trial court was not required to conclude that wife was disabled for alimony purposes where she testified about her disability and offered documentation of her social security disability benefits but where she produced no medical testimony and where other evidence indicated that she was otherwise active and did not stay in bed all day as she claimed holding that complaining witnesss passive submission to her fathers act of carnal intercourse with her without her consent and that she failed to outcry or resist because she was frightened were insufficient to show she was not an accomplice