United States v. Jared Bowers

Good Law
611 F. App'x 407
United States Court of Appeals for the Ninth CircuitJune 1, 201513-30304, 13-30305California783 words

Opinion

Opinion

MEMORANDUM

1. The government introduced sufficient evidence to support Bowers’ and Mejia’s convictions for conspiracy to possess heroin with intent to distribute, attempted possession of heroin with intent to distribute, and use of a firearm in connection with a drug trafficking offense.

With respect to the conspiracy charge, the evidence presented at trial proved more than mere buyer-seller relationships among the key players. Viewed in the light most favorable to the government, the evidence linked Bowers to the telephone number that Marmolejos called whenever he had questions about a sale. Bowers drove Marmolejos to at least one drug deal; after a second, Marmolejos went to Bowers’ home; and after a third, Marmolejos went to a restaurant where Bowers’ car was parked. A reasonable jury could have inferred that Bowers was not merely selling to Marmolejos but instead was directing Marmolejos’ activities. As for Mejia, a reasonable jury could have concluded that Marmolejos’ statements about Mejia as a possible source, the 161 calls from Mejia to a telephone number associated with Bowers, and Mejia’s facilitation of a large drug deal with Bowers and a third party showed that the…

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