United States v. Aleksey Dzyuba

MEMORANDUM

Defendant Aleksey Dzyuba appeals his conviction of distribution of heroin resulting in death, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). Mr. Dzyuba argues that there is insufficient evidence to support the conviction. At trial, the overwhelming evidence showed that Mr. Dzyuba sold heroin to the victim, Toviy Sinyayev, and that this heroin killed Mr. Sinyayev. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“Claims of insufficient evidence are reviewed de novo.” United States v. Antonakeas, 255 F.3d 714, 723 (9th Cir.2001). We “construe the evidence in the light most favorable to the prosecution, and ... then determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Nevils, 598 F.3d 1158, 1161 (9th Cir.2010) (en banc) (internal quotation marks and emphasis omitted).

Mr. Dzyuba admits that he sold heroin to Mr. Sinyayev on the night he overdosed, but argues that it is possible Mr. Sinyayev obtained heroin from another source, and that this other heroin could have killed Mr. Sinyayev. Yet all the evidence and testimony presented at trial showed that Mr. Dzyuba’s…