United States v. Maurisio Ramirez

Good Law
464 F. App'x 618
United States Court of Appeals for the Ninth CircuitDecember 29, 201110-30179, 10-30180, 10-30194California1,275 words

Opinion

Opinion

MEMORANDUM

Defendant-appellant Maurisio Ramirez appeals his conviction of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 . His codefendants Gilberto Acevedo and Domingo Baez appeal their related convictions of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 and two counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in all respects.

A. Maurisio Ramirez

Ramirez contends the district court erred in admitting co-conspirator Ricardo Collazo-Canales’s statements identifying him as the conspiracy’s supplier of cocaine. To determine whether a particular statement was made in furtherance of the charged conspiracy, the district court must consider “[t]he broad context or circumstances in which the statement was made.... [T]he foundation need be sufficient only to infer the statement’s purpose; it need not be laid bare on the pages of the trial transcript.” United States v. Larson, 460 F.3d 1200, 1211 (9th Cir.2006).

Collazo-Canales testified that he sold and distributed cocaine on Baez’s behalf. In light…

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