United States v. Tristan Grant

MEMORANDUM

Tristan Jamal Grant appeals his conviction for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C), and his resulting 47-month sentence. We affirm Grant’s conviction and sentence.

1. Grant challenges the sufficiency of the evidence supporting his conviction for possession of a controlled substance with intent to distribute. Grant was found with 1.69 grams of crack cocaine divided into 13 individual doses, a scale with cocaine resi-’ due, multiple cell phones, and over $1,000 in cash. Prior to his arrest, law enforcement observed two individuals enter the back seat of Grant’s car and leave in less than two minutes. Although Grant explained how most of the evidence could be consistent with Grant’s personal use of crack, the government offered a competing characterization consistent with distribution of crack. Taking the evidence in a light favorable to the government, a rational jury could have agreed with the government and found Grant’s guilt beyond a reasonable doubt. United States v. Norwood, 603 F.3d 1063, 1068 (9th Cir.2010).

2. The district court properly applied a two-level obstruction of justice…