United States v. Tha Bun Heng

MEMORANDUM

Chhom Mao and Tha Bun Heng appeal their convictions for possessing at least 50 grams of cocaine base with the intent to distribute and distributing at least 50 grams of cocaine base and Clevie Earl Buckley appeals his convictions for the same violations as well as possessing at least 5 grams of cocaine base with the intent to distribute, all in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo Buckley’s sufficiency of the evidence claim. United States v. Magallon-Jime-nez, 219 F.3d 1109, 1112 (9th Cir.2000). We review for abuse of discretion claims regarding the limiting of the cross-examination of a government witness by Heng and Mao. United States v. Larson, 495 F.3d 1094, 1101-02 (9th Cir.2007) (en banc). We affirm.

The evidence at trial was sufficient to support Buckley’s convictions for possessing cocaine base and possessing cocaine base with an intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). To determine sufficiency of the evidence for a conviction, the court looks at whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the…