Norwood

United States v. Norwood

Good Law
595 F.3d 1025·2010 WL 537497·2010 U.S. App. LEXIS 3042
United States Court of Appeals for the Ninth CircuitFebruary 17, 201008-30050California3,481 words

Opinion

Opinion

Smith, J.

In this appeal, Defendant-Appellant Robert L. Norwood challenges his jury conviction for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1)(A). Norwood claims violation of his Sixth Amendment right to confront his accuser and violation of his due process rights both in trial and at sentencing. Norwood also claims that the evidence was insufficient to convict him for possession of a firearm in furtherance of a drug trafficking crime.

We affirmed Norwood’s conviction and sentence in United States v. Norwood, 555 F.3d 1061 (9th Cir.2009). The matter is again before us on remand from the United States Supreme Court. The Court vacated our earlier opinion and remanded for reconsideration of Norwood’s Confrontation Clause claim in light of Melendez-Diaz v. Massachusetts, — U.S. -, 129 S.Ct. 2527 , 174 L.Ed.2d 314 (2009). We again affirm Norwood’s conviction and sentence.

FACTUAL AND PROCEDURAL BACKGROUND

In April of 2006, police responded to a domestic violence call in Spokane, Washington. Upon entering the home, the police encountered…

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