United States v. Alex Pedrin, Jr.

MEMORANDUM

Alex Pedrin, Jr., appeals his conviction for conspiracy to possess with intent to distribute 40 to 50 kilograms of cocaine, and the 210-month sentence imposed by the district court. We have jurisdiction under 28 U.S.C. § 1291 . He challenges his conviction and sentence on eleven grounds. We resolve one issue, Pedrin’s contention that his conviction resulted from “outrageous government conduct,” in a concurrently filed opinion, and the remaining ten here. We affirm.

1. Pedrin first argues that the district court abused its discretion in denying his request that the jury be instructed on withdrawal from a conspiracy. We disagree. Even if a withdrawal instruction were available to a defendant convicted under 21 U.S.C. § 846 , which we doubt, see United States v. Shabani, 513 U.S. 10, 17 , 115 S.Ct. 382 , 130 L.Ed.2d 225 (1994), the district court did not abuse its discretion in concluding that there was no evidence that would support such an instruction in Pedrin’s case. The evidence clearly demonstrates that Pedrin committed an “overt act” in furtherance of the conspiracy: he obtained supplies and recruited co-conspirators. No rational jury could have concluded…