United States v. Lorenzo Gonzalez
Opinion
Opinion
MEMORANDUM
Lorenzo Gonzalez appeals his conviction and sentence following a jury trial in which he was found guilty of racketeering conspiracy (Count One) and of two counts of committing a violent crime in aid of a racketeering enterprise (“VICAR”): conspiracy to murder rival gang members (Count Two) and conspiracy to murder Edward Clark (Count Ten). In a concurrently filed opinion, we address Gonzalez’s argument that the district court’s instructions to the jury on Count Two violated his right to a unanimous jury verdict. See United States v. Gonzalez, 786 F.3d 714 (9th Cir.2015). In this memorandum disposition, we address Gonzalez’s remaining challenges to his conviction and sentence. We affirm in part, vacate in part, and remand for resentencing.
1. Gonzalez claims that there was insufficient evidence with respect to Count Ten and the overt-act element of Count Two. Viewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found the essential elements of the crimes charged in Counts Two and Ten beyond a reasonable doubt. See United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc).