Hunt
United States v. Hunt
Opinion
Opinion
facts not alleged in the indictment. Hunt also claims there was insufficient evidence
to convict him of possessing fentanyl with intent to distribute because the
government did not submit a chemical analysis of the controlled substance. We
review unobjected-to claims for plain error, United States v. Flores, 802 F.3d 1028,
1034 (9th Cir. 2015), and the denial of a motion for acquittal de novo, United States
v. Niebla-Torres, 847 F.3d 1049, 1054 (9th Cir. 2017), and we affirm.
Hunt did not object to the sufficiency of the indictment prior to trial, and thus
his claim is reviewed for plain error. United States v. Leos-Maldonado, 302 F.3d
1061, 1064 (9th Cir. 2002). The indictment adequately charged the necessary
elements of involuntary manslaughter in Indian Country and contained sufficient
facts to adequately notify Hunt of the basis of the crime with which he was
charged. See United States v. Lo, 231 F.3d 471, 481‒82 (9th Cir. 2000).
Hunt contends the prosecutor impermissibly argued that Hunt “brought” the
fentanyl to the trailer whereas the indictment alleged only that Hunt “allowed” S.R.
to be in the trailer with the fentanyl. Hunt failed to object to the closing…