United States v. Eulogio Seludo

MEMORANDUM

After a jury trial, Eulogio Seludo was convicted of drug conspiracy (one count), distribution of methamphetamine (five counts), attempt to possess and distribute methamphetamine (one count), and possession with intent to distribute methamphetamine (one count) under 21 U.S.C. §§ 846 , 841(a)(1) and (b)(1)(c). Seludo appeals his conviction on three of the counts of distribution of methamphetamine, and he appeals his sentence.

Because the parties are familiar with the general facts of the case, we do not repeat them here. Substantial evidence supports the jury’s guilty verdict on the three challenged counts. The jury was entitled to credit the testimony of the confidential informant who positively identified Seludo as a participant in the three drug sales at issue. See U.S. v. Gillock, 886 F.2d 220, 222 (9th Cir.1989). A reasonable inference of guilt is also supported by the modus operandi: the three challenged transactions took place at the same location and from the same truck registered to Seludo. The same pattern was followed in the other sales for which Seludo was convicted, including the sale at which he was approached by police and then admitted to selling…