United States v. Luis Rivas

MEMORANDUM

Luis Rivas was convicted of one count of conspiracy to distribute a controlled substance, 21 U.S.C. § 846 , and one count of possession with intent to distribute five kilograms or more of a substance containing a detectable amount of cocaine, 21 U.S.C. § 841 (a)(1), 841(b)(l)(A)(ii). Rivas appeals the district court’s (1) denial of his motion to dismiss; (2) denial of his motion for judgment of acquittal, Fed.R. Crim.P. 29, and a motion for new trial, Fed. R. Crim P. 33; and (3) determination not to provide an adverse-inference jury instruction on spoliation of evidence.

1. The district court did not err in denying Rivas’s motion to dismiss on the basis that spoliation of evidence violated his due process right to a fair trial. See United States v. Sivilla, 714 F.3d 1168, 1171-72 (9th Cir.2013). Rivas has not shown that the truck itself, or the speaker screws particularly, were materially exculpatory. Arizona v. Youngblood, 488 U.S. 51, 57-58 , 109 S.Ct. 333 , 102 L.Ed.2d 281 (1988). Without such a showing, “no more can be said than that [the truck] could have been subjected to tests,” in which case Rivas must prove the government acted in bad faith in selling the…