United States v. Indalecio Castro-Ponce

MEMORANDUM

Indalecio Castro-Ponce (“Castro-Ponce”) was convicted of conspiracy to possess methamphetamine with intent to distribute and two counts of possession of methamphetamine with intent to distribute. At sentencing, the district court imposed sentencing enhancements after finding that Castro-Ponce played a leadership role in the drug conspiracy and obstructed justice. Castro-Ponce appeals, arguing that: (1) there was insufficient evidence to support his convictions; and (2) the sentencing enhancement for playing a leadership role was error. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

In assessing the sufficiency of the evidence, we first construe the evidence in the light most favorable to the prosecution, and then ask 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, 1163-64 (9th Cir.2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). Under that standard, there is sufficient evidence to sustain the conspiracy conviction: The testimony regarding suspicious trips and meetings, the wiretapped…