United States v. Salvador Vera

MEMORANDUM

Defendants Salvador and Armando Vera appeal their convictions and sentences for conspiracy to distribute and to possess with the intent to distribute heroin, cocaine and cocaine base and for using a minor to commit a drug trafficking offense. We have jurisdiction under 18 U.S.C. § 8742 and 28 U.S.C. § 1291 . For the reasons stated in the concurrently filed opinion, we vacate the sentence and the drug quantity findings in the special verdict form. We affirm in all other respects.

1. Regardless of whether the evidence was sufficient to establish a conspiracy between the defendants and their buyers or suppliers, there was more than sufficient evidence to show the defendants agreed between themselves to possess and distribute controlled substances. For example, the defendants had access to and control over a shared stash and coordinated their drug purchases and drug sales, often communicating with each other throughout the process. Accordingly, sufficient evidence supported the defendants’ conspiracy convictions. See United States v. Reed, 575 F.3d 900, 924 (9th Cir.2009).

2. Assuming all evidence at trial was properly admitted, see United States v. Vizcarra-Martinez, 66…