United States v. Nelson Guzman

Nelson Guzman challenges his conviction under 21 U.S.C. § 846 (1982) for conspiracy to possess with intent to distribute more than one kilogram of cocaine. He contends that there was insufficient evidence to support his conviction, and that the guilty verdict was inconsistent with his acquittal on charges under 21 U.S.C. § 841 (a)(1) (1982) for possession of cocaine with intent to distribute. We affirm.

The evidence that Guzman conspired to possess cocaine with intent to distribute is sufficient if, viewing the evidence in the light most favorable to the government, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt of the elements of the crime. United States v. Sharif, 817 F.2d 1375, 1377 (9th Cir.1987).

The evidence showed that on December 6, 1985, Daniel Serrano placed a package in the trunk of his BMW, and that he then drove to an El Toro parking lot and met Guzman next to a Toyota van. After a brief conversation, the two men switched cars, with Guzman driving off in the BMW while Serrano followed in the van. Guzman led Serrano to downtown Los Angeles, and the men parked some distance apart. After two conversations at the van, both men…