United States v. Houston

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30216 Plaintiff-Appellee, v.  D.C. No.

CR-03-00037-SEH

ROSEMARY MACDONALD HOUSTON,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding

Argued and Submitted April 4, 2005—Seattle, Washington

Filed May 9, 2005

Before: Ronald M. Gould, Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Tallman COUNSEL

David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, Montana, for the defendant- appellant.

Joseph E. Thaggard, Assistant United States Attorney, United States Attorney’s Office, Great Falls, Montana, for the plaintiff-appellee.

OPINION

TALLMAN, Circuit Judge:

Rosemary MacDonald Houston was convicted of distribut- ing methadone to Trina Bradford which resulted in Bradford’s death. 21 U.S.C. § 841(a)(1), (b)(1)(C).1 Houston challenges the sufficiency of the evidence supporting her conviction, and particularly protests being held responsible for a…