Rosales

BACKGROUND

This appeal and cross-appeal arise from the conviction of Jaime Flores Rosales (“Rosales”) for three drug offenses. After a long jury trial lasting most of June 2004, Rosales was convicted on one count of conspiring to distribute 500 grams or more of cocaine (Count 1), and two counts of possessing cocaine with the intent to distribute (Counts 5 and 6). In the same trial, the jury found that another defendant, co- conspirator Alfonso Allan Brooks (“Brooks”), was guilty of many drug offenses, after his lawyer conceded liability on three of those crimes. See United States v. Brooks, 508 F.3d 1205 (9th Cir. 2007).

Rosales appeals his conviction on only Counts 1 and 5. On Count 1, he concedes that there was sufficient evidence to find that he was involved in a conspiracy to distribute cocaine. But he argues there was insufficient evidence that he could have reasonably foreseen that the quantity of cocaine involved in the conspiracy would be 500 grams or more. On Count 5, he argues there was insufficient evidence that he possessed cocaine on April 10, 2003, but on Count 6, he con- cedes that there was sufficient evidence that he possessed cocaine with intent to distribute…