United States v. Daniel MacIel Jr.

MEMORANDUM

Appellants Carlos Rodriguez, Daniel Martin Maciel, Jr., and Victor Herrera each appeal their respective convictions for conspiracy to possess with intent to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine, or at least 50 grams of actual methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(l)(A)(viii). Because the history and facts of these cases are familiar to the Parties, we need not fully recount them here. We note only that the Government arrested and charged each Defendant as a result of a three-year investigation into the Los Angeles-based Florencia 18 (“F13”) street gang’s drug trafficking and racketeering activities. The evidence against the Appellants consisted almost entirely of intercepted phone calls on which they can each be heard speaking with three mid-level F13 drug dealers: Alberto Hernandez, Jesse Vasquez, and Arturo Cruz.

I. Sufficiency of the Evidence Claims

In evaluating a challenge to the sufficiency of the evidence, we view the evi dence in the light most favorable to the prosecution, and must affirm the jury’s verdict so long as any rational trier of fact could conclude that the…