United States v. Richard Aichele

A jury convicted Richard Aichele of conspiracy to manufacture methamphetamine, manufacture of methamphetamine, possession of phenyl-2-propanone and possession of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 844 & 846. He claims on appeal that his motions for judgment of acquittal and for a new trial should have been granted, that the government committed Brady violations mandating a new trial and that the district court improperly sentenced him. We affirm.

I

Aichele moved for a judgment of acquittal, claiming insufficiency of the evidence to convict him of conspiracy to manufacture methamphetamine, manufacture of methamphetamine and possession of phe-nyl-2-propanone (p-2-p). In considering a challenge to the sufficiency of the evidence, we decide “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560, 573 (1979) (emphasis in original).

“To obtain a conviction for conspiracy, the government must first prove the existence of a conspiracy. Once the…

dissenting in part:

In pressing a legal doctrine to the limits of its logic, we sometimes reach a wholly incongruous result. When that incongruity amounts to a constitutional infirmity, we must reexamine the doctrine, or, at the very least, limit its reach so as to avoid the unconstitutional result.

I

After correctly disposing of Aichele’s substantive claims, the majority turns to his arguments that he was improperly sentenced. I have no quarrel with the majority’s decision that the offense involved 100 grams or more of methamphetamine. Majority op. at 766-67. I do have much difficulty, however, with the majority’s conclusion that defendant was not entitled to a two-level reduction for acceptance of responsibility. I cannot say that my colleagues’ reliance on United States v. Skillman, 922 F.2d 1370 (9th Cir.1991), is misplaced. Indeed, Skillman is only the last in a long line of cases consistently pointing in the same direction. Yet as applied to this defendant’s situation, the Skillman line of reasoning leads to a patently unconstitutional result. Absent controlling authority that clearly requires this result— and neither Skillman nor its precursors reach quite so far — I…

941 F.2d 761 UNITED STATES of America, Plaintiff-Appellee, v. Richard AICHELE, Defendant-Appellant. No. 90-10364. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 1991. Decided July 30, 1991. Arthur Wachtel, Horngrad & Wachtel, San Francisco, Cal., for defendant-appellant. Donald W. Searles, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before ALARCON, KOZINSKI and RYMER, Circuit Judges. RYMER, Circuit Judge: 1 A jury convicted Richard Aichele of conspiracy to manufacture methamphetamine, manufacture of methamphetamine, possession of phenyl-2-propanone and possession of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 844 & 846. He claims on appeal that his motions for judgment of acquittal and for a new trial should have been granted, that the government committed Brady violations mandating a new trial and that the district court improperly sentenced him. We affirm. 2 * Aichele moved for a judgment of acquittal, claiming insufficiency of the evidence to convict him of conspiracy to manufacture methamphetamine, manufacture of…