United States v. Fabian Mendez

MEMORANDUM

Defendant-Appellant Fabian Mendez appeals his jury conviction of conspiracy to distribute and possession of 500 grams of methamphetamine. Mendez argues that there was insufficient evidence for a jury to convict him of those charges. Mendez failed to raise this issue at trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm Mendez’s conviction on both counts.

Because Mendez failed to move for a judgment of acquittal, we review his claim for plain error. See United States v. Pelisamen, 641 F.3d 399, 408-09 (9th Cir.2011). “The plain-error standard of review dictates that reversal is warranted only where there has been (1) error; (2) that is plain; (3) that affects substantial rights; and (4) where the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. at 404 . Here, there is no error, let alone plain error.

There is sufficient evidence to support a conviction if, “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.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560…