United States v. Praseut Chanthasen

MEMORANDUM

Prasuet Chanthasen (“Chanthasen”) timely appeals from a judgment of conviction of one count of conspiracy to manufacture marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(vii), and 846. Chanthasen was sentenced to 120 months in prison, to be followed by 60 months of supervised release, and a $100 special assessment. In this appeal, Chanthasen contends that: (1) there was insufficient evidence that he became a member of the conspiracy to manufacture marijuana, knew of at least one of its objects, and intended to help achieve it; and (2) a digital photograph taken by a sheriffs deputy during a traffic stop that was arranged as part of a surveillance operation on April 19, 2006, was potentially exculpatory and highly probative evidence of identity, and the government’s failure to preserve that photograph violated his due process rights in light of the fact that he gave early and consistent notice that identity would be a key defense issue. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

The large body of testimonial and documentary evidence presented during a four-day jury trial and extensive post-trial proceedings, the procedural…