United States v. Tyrone Fair

MEMORANDUM

A jury convicted Tyrone Fair of (1) conspiring to distribute, and to possess with intent to distribute, 50 grams or more of methamphetamine, and (2) possessing 50 grams or more of methamphetamine with intent to distribute. See 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(A)(viii), 846. Fair now appeals his convictions and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

Sufficient evidence supports Fair’s convictions. See United States v. Nevils, 598 F.3d 1158, 1163-70 (9th Cir.2010) (en banc). The jury was entitled to credit Fair’s alleged co-conspirator’s testimony, and we must assume that it did so. See id. at 1170 ; see also United States v. Tam, 240 F.3d 797, 806 (9th Cir.2001) (holding that uncorroborated accomplice testimony was sufficient to support a conviction). Viewing the co-conspirator’s testimony in the light most favorable to the prosecution, we conclude that a rational trier of fact could convict Fair based on that testimony. See Nevils, 598 F.3d at 1164-65 .

The jury instructions did not constructively amend the indictment against Fair. Because “the proof offered at trial matched the charges made in the…