United States v. Chico Martines

MEMORANDUM

Defendant Chico Martines appeals his conviction and sentence for conspiracy to manufacture marijuana or to possess marijuana with intent to distribute. He assigns error to the district court’s instructions on his religious-use defense and to the language of the indictment. He also challenges the sufficiency of the evidence supporting his conviction. We affirm.

Because Martines did not object to the jury instruction before the district court, we apply plain-error review. United States v. Wilkes, 662 F.3d 524, 544 (9th Cir.2011). “Reversal on the basis of plain error is an exceptional remedy and an improper jury instruction rarely justifies reversal of a conviction for plain error.” United States v. Ching Tang Lo, 447 F.3d 1212, 1228 (9th Cir.2006). The district court’s instruction on Martines’ religious-use defense did not constitute plain error. Even assuming the district court erred by failing to instruct the jury that religious use could be a defense to the charge of conspiracy to manufacture marijuana for personal use, Martines cannot show that the error affected the outcome of the proceedings. See Wilkes, 662 F.3d at 544 . There was ample evidence to support his…