United States v. Jacorey Taylor

MEMORANDUM

Jacorey Taylor appeals his convictions for 1) conspiracy to engage in a racketeering influenced corruption organization, 18 U.S.C. § 1962 (d); 2) violent crime in aid of racketeering, 18 U.S.C. §§ 1959 (a)(1) & (2); 3) use of a firearm during a crime of violence, 18 U.S.C. § 924 (c)(1); 4) conspiracy to engage in drug trafficking, 21 U.S.C. § 846 ; and 5) two counts of possession with intent to distribute a controlled substance, 21 U.S.C. § 841 (a)(1) & (b)(l)(C)(iii). We AFFIRM.

1. Motion for Judgment of Acquittal

Where, as here, the defendant did not renew his Federal Rule of Criminal Procedure 29 motion for judgment of acquittal following the close of his own case, we review the denial of that motion for plain error. United States v. Cruz, 554 F.3d 840, 844 (9th Cir.2009); United States v. Patton, 771 F.2d 1240, 1243 (9th Cir.1985). Taylor’s main argument is that defense witnesses testified to his innocence. On a Rule 29 motion, however, the court must construe the evidence in the light most favorable to the government. United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003).

Resolving all credibility issues in the government’s favor, it is clear that the…