United States v. Nancy Mageno

MEMORANDUM

Nancy Mageno appeals her conviction for conspiring to distribute at least fifty grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(A)(viii), and 846. She contends that there was insufficient evidence at trial to support her conviction. Although we reverse her conviction for other reasons stated in a concurrently filed opinion and remand, we address her sufficiency of the evidence challenge here. We conclude that the evidence was sufficient to support her conviction. The facts are known to the parties, and we repeat them only as necessary.

There was more than sufficient evidence to prove the existence of the underlying conspiracy in this case. The government agent testified to the scope of the conspiracy, which stretched from Billings, Montana, to Las Vegas, Nevada. During closing argument, Mageno acknowledged the government proved a conspiracy. Mageno insists, however, that there was insufficient evidence to prove that she participated in the conspiracy and had the requisite intent to be part of the conspiracy.

“Once the existence of a conspiracy is established, evidence which establishes beyond a reasonable doubt that a defendant is even…